Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 15. In determining whether an award of joint legal custody under section 13 of this chapter would be in the best interest of the child, the court shall consider it a matter of primary, but not determinative, importance that the persons awarded joint custody have agreed to an…

Sec. 16. Upon: (1) the court's own motion; (2) the motion of a party; (3) the motion of the child; (4) the motion of the child's guardian ad litem; or (5) the motion of the court appointed special advocate; the court may order the custodian or the joint custodians to obtain couns…

Sec. 17. (a) Except: (1) as otherwise agreed by the parties in writing at the time of the custody order; and (2) as provided in subsection (b); the custodian may determine the child's upbringing, including the child's education, health care, and religious training. (b) If the cou…

Sec. 18. If both parents or all contestants agree to the order or if the court finds that, in the absence of the order, the child's physical health might be endangered or the child's emotional development significantly impaired, the court may order: (1) the court social service a…

Sec. 19. The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court considers necessary to determine the best interests of the child. [Pre-1997 Recodification Citation: 31-1-11.5-23(b).] As added by…

Sec. 2. Proceedings under this chapter, IC 31-17-4, IC 31-17-6, and IC 31-17-7 must comply with the Indiana Rules of Civil Procedure. [Pre-1997 Recodification Citation: 31-1-11.5-4(e) part.] As added by P.L.1-1997, SEC.9.

Sec. 20. If the court finds it necessary to protect the child's welfare that the record of any interview, a report, or an investigation in a custody proceeding not be a public record, the court may make an appropriate order accordingly. [Pre-1997 Recodification Citation: 31-1-11.…

Sec. 21. (a) The court may not modify a child custody order unless: (1) the 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 8 and, if applicable, section 8.5 of t…

Sec. 21.1. (a) Upon a 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 with…

Sec. 21.2. (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 the parent have …

Sec. 21.3. (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 or…

Sec. 21.5. The court may provide in: (1) a custody order; or (2) a modification to 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.11.

Sec. 21.7. (a) The court shall consider requiring security, a bond, or another guarantee under section 21.5 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), (…

Sec. 21.8. (a) A court may require that a parent submit to drug testing as a condition of exercising the parent's parenting time if the court finds that: (1) the parent has a history of unlawful drug use within the previous five (5) years; or (2) there is a reasonable likelihood …

Sec. 22. An intentional violation by a custodial parent of an injunction or a temporary restraining order issued under IC 31-17-4-4 or IC 31-17-4-5 (or IC 31-1-11.5-26 before its repeal) may be considered a relevant factor under section 8 of this chapter that the court must consi…

Sec. 24. (a) If either party to the custody order applies for a passport for the child, the party who applies for the child's passport shall do the following not less than ten (10) days before applying for the child's passport: (1) File a notice of the passport application with t…

Sec. 25. (a) This section applies if a custodial parent or guardian of a child dies or becomes unable to care for the child. (b) Except as provided in subsection (d), if a person other than a parent files a petition: (1) seeking to determine custody of the child; or (2) to modify…

Sec. 26. (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. 3. (a) A child custody proceeding is commenced in the court by: (1) a parent by filing a petition under IC 31-15-2-4, IC 31-15-3-4, or IC 31-16-2-3; (2) a person other than a parent by filing a petition seeking a determination of custody of the child; or (3) a child, by the …

Sec. 5. A responsive pleading or a counter petition may be filed under this chapter, IC 31-17-4, IC 31-17-6, or IC 31-17-7. [Pre-1997 Recodification Citation: 31-1-11.5-4(d) part.] As added by P.L.1-1997, SEC.9.

Sec. 6. Custody proceedings must receive priority in being set for hearing. [Pre-1997 Recodification Citation: 31-1-11.5-23(a).] As added by P.L.1-1997, SEC.9.

Sec. 7. The court without a jury shall determine questions of law and fact. [Pre-1997 Recodification Citation: 31-1-11.5-23(c).] As added by P.L.1-1997, SEC.9.

Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the fol…

Sec. 8.1. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102. (b) A court in a custody proceeding, including a proceeding to modify custody: (1) shall not discriminate against; and (2) shall take into consideration the provision of reasonable a…

Sec. 8.2. (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. 8.3. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent's child. (b) There is created a rebuttable presumption that the court shall or…

Sec. 8.5. (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 8 of this chapter, the court shall consider the following factors in determining…

Sec. 9. (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. If counsel is present: (1) a record may be made of the interview; and (2) the interview may be made part of the record for p…

Sec. 1. (a) Subject to section 1.1 of this chapter, an individual who is at least eighteen (18) years of age may be adopted by a resident of Indiana: (1) upon proper petition to the court having jurisdiction in probate matters in any county in Indiana; and (2) with the consent of…

Sec. 1.1. (a) This section applies only to an individual: (1) who seeks to be adopted by a resident of Indiana under section 1 of this chapter; and (2) who is a lifetime sex or violent offender. (b) A court may not issue an order granting a petition for adoption of an individual …

Sec. 10. (a) Not more than five (5) days after a petition for adoption has been filed, the clerk of the court shall notify the court of the filing. (b) Upon receiving notice under subsection (a) that a petition for adoption has been filed, the court shall promptly: (1) examine th…

Sec. 11. If the judge of the court dies, is disabled, or is absent, the clerk of the court shall examine the petition for adoption and the petition for adoption shall be acted upon accordingly. [Pre-1997 Recodification Citation: 31-3-1-4(b) part.] As added by P.L.1-1997, SEC.11.…

Sec. 12. As soon as a petition for adoption is found to be in proper form, the clerk of the court shall forward one (1) copy of the petition for adoption to a licensed child placing agency as described in IC 31-9-2.1-46, with preference to be given to the agency, if any, sponsori…

Sec. 13. (a) Except for a child who is under the care and supervision of the department, a petitioner for adoption may file a separate, ex parte, verified petition requesting temporary custody of a child sought to be adopted at the time of or any time after the filing of a petiti…

Sec. 14. (a) If a petition for adoption and a paternity action are pending at the same time for a child sought to be adopted, the court in which the petition for adoption has been filed has exclusive jurisdiction over the child, and the paternity proceeding must be consolidated w…

Sec. 15. (a) When the licensed child placing agency or local office that will conduct the inspection and supervision required under IC 31-19-7-1 and submit the report required under IC 31-19-8-5 has been determined, the licensed child placing agency or local office shall provide …

Sec. 16. (a) The circuit or superior court exercising jurisdiction over an adoption proceeding in any of the following counties shall establish a guardian ad litem pilot program to appoint a guardian ad litem to represent the interests of an incapacitated parent: (1) LaPorte Coun…

Sec. 2. (a) Except as provided in subsection (b), an individual who seeks to adopt a child less than eighteen (18) years of age must, by attorney of record, file a petition for adoption with the clerk of the court having probate jurisdiction in the county in which: (1) the petiti…

Sec. 4. (a) Except as provided in subsection (b), a petition for adoption by a married person may not be granted unless the husband and wife join in the action. (b) If the petitioner for adoption is married to the: (1) biological; or (2) adoptive; father or mother of the child, j…

Sec. 5. (a) Except as provided in subsection (b), a petition for adoption must be filed in triplicate. (b) If a petition for adoption is sponsored by a licensed child placing agency, the petition for adoption must be filed in quadruplicate. (c) The original copy of a petition for…

Sec. 6. (a) A petition for adoption must specify the following: (1) The: (A) name if known; (B) sex, race, and age if known, or if unknown, the approximate age; and (C) place of birth; of the child sought to be adopted. (2) The new name to be given the child if a change of name i…

Sec. 7. (a) Except as provided in subsection (e), a medical report of the health status and medical history of the child sought to be adopted and the child's birth parents must: (1) accompany a petition for adoption; or (2) be filed not later than sixty (60) days after the filing…

Sec. 7.2. (a) A licensed child placing agency may not: (1) require, as a condition for obtaining an adoption, that an individual or a member of the individual's household receive an immunization; or (2) discriminate against an individual with respect to: (A) the immunization stat…

Sec. 7.3. A court may not waive any criminal history check requirements set forth in this chapter. As added by P.L.138-2007, SEC.36.

Sec. 7.5. (a) This section does not apply to a petitioner for adoption who provides the licensed child placing agency or the local office with the results of a criminal history check conducted: (1) in accordance with IC 31-9-2.1-58; and (2) not more than one (1) year before the d…

Sec. 7.6. If a petitioner for adoption is charged with: (1) a felony; or (2) a misdemeanor relating to the health and safety of children; during the pendency of the adoption, the petitioner shall notify the court of the criminal charge in writing. As added by P.L.200-1999, SEC.8.…