Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 12. (a) If a person files a petition to establish or modify custody of a child, any person who: (1) is a party to the custody proceeding; and (2) has knowledge that: (A) a party to the custody proceeding has been determined to be a perpetrator of a substantiated report of ch…

Sec. 2. The court shall determine custody in accordance with the best interests of the child. In determining the child's best interests, there is not a presumption favoring either parent. The court shall consider all relevant factors, including the following: (1) The age and sex …

Sec. 2.3. (a) In a proceeding to which this chapter applies, the court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child. (b) An award of joint legal custody under this section does not re…

Sec. 2.5. (a) This section applies only if the court finds by clear and convincing evidence that the child has been cared for by a de facto custodian. (b) In addition to the factors listed in section 2 of this chapter, the court shall consider the following factors in determining…

Sec. 3. (a) The court may interview the child in chambers to ascertain the child's wishes. (b) The court may permit counsel to be present at the interview. (c) If counsel is present at the interview, a record may be made of the interview and made part of the record for purposes o…

Sec. 4. Except as otherwise provided in an order by a court, the custodial parent may determine the child's upbringing, which includes education, health care, and religious training, unless the court determines that the best interests of the child require a limitation on this aut…

Sec. 5. The court may order the probation department or any licensed child placing agency to supervise the placement to ensure that the custodial or parenting time terms of the decree are carried out if: (1) both parents or the child request supervision; or (2) the court finds th…

Sec. 6. The court may not modify a child custody order unless: (1) modification is in the best interests of the child; and (2) there is a substantial change in one (1) or more of the factors that the court may consider under section 2 and, if applicable, section 2.5 of this chapt…

Sec. 6.1. (a) Upon the motion of a parent who has received military deployment orders, the court may delegate the parent's parenting time, or a part of the parent's parenting time, during the time the parent is deployed to a person who has a close and substantial relationship wit…

electronic means Sec. 6.2. (a) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall hold an expedited hearing to determine or modify the custody of a child or parenting time with a child if the military duties of …

Sec. 6.3. (a) A court may not consider a parent's absence or relocation due to active duty service as a factor in determining custody or permanently modifying a child custody order. (b) If a court temporarily modifies a custody order due to a parent's active duty service, the ord…

Sec. 6.5. The court may provide in: (1) a custody order; or (2) a modification of a custody order; for the security, bond, or other guarantee that is satisfactory to the court to secure enforcement of the custody order. As added by P.L.171-2001, SEC.3.

Sec. 6.7. (a) The court shall consider requiring security, a bond, or another guarantee under section 6.5 of this chapter if the court makes a finding under subdivision (1), (2), (4), or (7) by clear and convincing evidence. If the court makes a finding under subdivision (1), (2)…

Sec. 7. In making a determination, the court shall consider the factors listed under section 2 of this chapter. [Pre-1997 Recodification Citation: 31-6-6.1-11(f).] As added by P.L.1-1997, SEC.6.

Sec. 7.5. (a) As used in this section, "custody order" means: (1) a final order: (A) awarding custody; (B) modifying custody; or (C) denying modification of custody; under this chapter; or (2) an appellate decision affirming or reversing an order described in subdivision (1). The…

Sec. 8. An intentional violation by a custodial parent of an injunction or a temporary restraining order issued under IC 31-14-15 (or IC 31-6-6.1-12.1 before its repeal) may be considered a relevant factor under section 2 of this chapter that the court must consider in a proceedi…

Sec. 9. In a proceeding for a custody modification, the court may not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described in sectio…

Sec. 1. If: (1) the parent who is entitled to receive child support; and (2) the parent who is ordered to pay child support; are both present in Indiana, the parent who is entitled to receive child support may register a child support order issued by another Indiana court or fore…

Sec. 1. (a) Except as provided in subsection (b), the Indiana department of health shall establish a new certificate of birth for an individual born in Indiana upon a receipt of an official report that the individual has been adopted. (b) The Indiana department of health shall no…

Sec. 2. When a new certificate of birth is established following adoption, the new certificate of birth replaces the original registration of birth. The original registration of birth shall be filed with the evidence of adoption and withheld from inspection except: (1) for a chil…

Sec. 3. Upon receipt of a notice of annulment or revocation of adoption, the original certificate of birth shall be restored. [Pre-1997 Recodification Citation: 31-3-1-12(g).] As added by P.L.1-1997, SEC.11.

Sec. 4. When the Indiana department of health establishes a new certificate of birth following an adoption, each local health department in Indiana having custody of the replaced certificate of birth shall: (1) seal the replaced certificate from inspection; or (2) surrender the r…

Sec. 1. Upon a juvenile court's motion or upon the motion of a child's parent, guardian, custodian, or guardian ad litem, a probation officer, a caseworker, the prosecuting attorney, the attorney for the department of child services, or any person providing services to the child …

Sec. 2. The juvenile court may: (1) immediately set a matter described under section 1 of this chapter for hearing; or (2) consider the matter at any other proceeding or hearing authorized under the juvenile law. [Pre-1997 Recodification Citation: 31-6-7-14(b).] As added by P.L.1…

Sec. 3. The juvenile court must give notice to any person whose conduct will be regulated by an order issued under section 1 of this chapter to appear at a specified date and time concerning the relief requested under section 1 of this chapter. [Pre-1997 Recodification Citation: …

Sec. 4. The court shall issue an order under section 1 of this chapter if the court finds that good cause to issue the order is shown upon the record. The court may also consider any other evidence presented in other proceedings or hearings authorized under the juvenile law conce…

Sec. 5. An order issued under section 1 of this chapter must specifically describe in reasonable detail the acts or persons to be regulated under the order. [Pre-1997 Recodification Citation: 31-6-7-14(d) part.] As added by P.L.1-1997, SEC.15.

Sec. 6. An order issued under section 1 of this chapter (or IC 31-6-7-14(a) before its repeal) remains in effect for one (1) year. However, the juvenile court may: (1) extend the order for additional one (1) year periods after an annual review of the order; and (2) modify or diss…

Sec. 7. If: (1) the juvenile court determines on the juvenile court's review of the record that an emergency exists; or (2) the moving party demonstrates by sworn testimony or affidavit that an emergency exists; the juvenile court may issue an emergency order without a hearing. […

Sec. 8. (a) An emergency order issued under section 7 of this chapter (or IC 31-6-7-14(f) before its repeal) is valid for not more than seventy-two (72) hours, excluding Saturdays, Sundays, and legal holidays. (b) The juvenile court may extend an emergency order issued under sect…

Sec. 9. When a court issues an order or an emergency order under this chapter: (1) the clerk of the court shall comply with IC 5-2-9; and (2) the petitioner shall file a confidential form prescribed or approved by the office of judicial administration with the clerk. [Pre-1997 Re…

Sec. 1. This chapter applies to: (1) an action initiated to determine if a child is a child in need of services under: (A) IC 31-34-1-1 through IC 31-34-1-6; (B) IC 31-34-1-10; or (C) IC 31-34-1-11; and (2) an administrative hearing conducted under IC 31-33-26-9 or IC 31-27-4-23.…

Sec. 2. A statement or videotape that: (1) is made by a child who at the time of the statement or videotape: (A) is less than fourteen (14) years of age; or (B) is at least fourteen (14) years of age but less than eighteen (18) years of age and has a disability attributable to an…

Sec. 3. A statement or videotape described in section 2 of this chapter is admissible in evidence in an action to determine whether a child or a whole or half blood sibling of the child is a child in need of services if, after notice to the parties of a hearing and of their right…

Sec. 4. A statement or videotape may not be admitted in evidence under this chapter unless the attorney for the department informs the parties of: (1) an intention to introduce the statement or videotape in evidence; and (2) the content of the statement or videotape; at least sev…

Sec. 1. (a) Unless the allegations of a petition have been admitted, the juvenile court shall hold a factfinding hearing. (b) If the factfinding hearing is not held immediately after the initial hearing as provided under IC 31-37-12-9, the prosecuting attorney or probation depart…

Sec. 2. (a) If the court finds that a child is a delinquent child, the court shall do the following: (1) Enter judgment accordingly. (2) Order a predispositional report. (3) Schedule a dispositional hearing. (4) Complete a dual status screening tool on the child, as described in …

Sec. 3. If the court finds that a child is not a delinquent child, the court shall discharge the child. [Pre-1997 Recodification Citation: 31-6-4-14(c) part.] As added by P.L.1-1997, SEC.20.

Sec. 4. (a) Except as provided in subsection (b), at the close of all the evidence and before judgment is entered, the court may continue the case for not more than twelve (12) months. (b) If the child or the child's parent, guardian, or custodian requests that judgment be entere…

Sec. 5. (a) If a finding of delinquency is based on a delinquent act that would be a felony if committed by an adult, the juvenile court shall state in the findings the following: (1) The specific statute that was violated. (2) The class or level of the felony had the violation b…

Sec. 6. The right of the state to appeal in a juvenile delinquency case is governed by IC 35-38-4-2. As added by P.L.110-2015, SEC.1.