Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 4. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration. [Pre-1997 Recodification Citation: 31-7-2.5-4.] As added by P.L.1-1997, SEC.3.

Sec. 5. (a) Parties to a premarital agreement may contract with each other regarding the following matters: (1) The rights and obligations of each of the parties in any property of either or both of them whenever and wherever acquired or located. (2) The right to: (A) buy; (B) se…

Sec. 5.5. A portability agreement (as defined by IC 31-11-7-5(a)(4)) contained within a premarital agreement is governed by IC 31-11-7-5. As added by P.L.38-2023, SEC.20.

Sec. 6. A premarital agreement becomes effective upon marriage. [Pre-1997 Recodification Citation: 31-7-2.5-6.] As added by P.L.1-1997, SEC.3.

Sec. 7. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. [Pre-1997 Recodification Citation: 31-7-2.5-7.] As added by P.L.1-1997, SEC.3.…

Sec. 8. (a) A premarital agreement is not enforceable if a party against whom enforcement is sought proves that: (1) the party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when the agreement was executed. (b) If: (1) a provision of a premarit…

Sec. 9. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. [Pre-1997 Recodification Citation: 31-7-2.5-9.] As added by P.L.1-1997, SEC.3.

Sec. 1. Any court that exercises jurisdiction over domestic relations cases may establish a family relations division of the court. [Pre-1997 Recodification Citation: 31-1-11.5-19 part.] As added by P.L.1-1997, SEC.4.

Sec. 2. The family relations division may be administered by: (1) the community mental health center; (2) a managed care provider (as defined in IC 12-7-2.1-219); or (3) any other person approved by the court. [Pre-1997 Recodification Citation: 31-1-11.5-19 part.] As added by P.L…

Sec. 3. The family relations division shall offer counseling and related services to persons before the court. Conciliation procedures are governed by IC 31-15-9. [Pre-1997 Recodification Citation: 31-1-11.5-19 part; part new.] As added by P.L.1-1997, SEC.4.

Sec. 1. The termination of a parent-child relationship is governed by IC 31-35. [1997 Recodification Citation: New.] As added by P.L.1-1997, SEC.5.

Sec. 1. The Indiana Rules of Civil Procedure apply to paternity actions. [Pre-1997 Recodification Citation: 31-6-6.1-19.] As added by P.L.1-1997, SEC.6.

Sec. 2. Venue lies in the county in which the child, the mother, or the alleged father resides. [Pre-1997 Recodification Citation: 31-6-6.1-4.] As added by P.L.1-1997, SEC.6.

Sec. 1. Proceedings under this article 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.7.

Sec. 10. A decree under this chapter may include orders as provided in this article. [Pre-1997 Recodification Citation: 31-1-11.5-9(d) part.] As added by P.L.1-1997, SEC.7.

Sec. 11. A decree under this chapter may not include a maintenance provision that extends beyond the period of legal separation. [Pre-1997 Recodification Citation: 31-1-11.5-9(d) part.] As added by P.L.1-1997, SEC.7.

Sec. 2. A cause of action for legal separation is established. [Pre-1997 Recodification Citation: 31-1-11.5-3(c) part.] As added by P.L.1-1997, SEC.7.

Sec. 3. Legal separation shall be decreed upon a finding by a court: (1) that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and (2) that the marriage should be maintained. [Pre-1997 Recodification Citation: 31-1-11…

Sec. 4. (a) A proceeding for legal separation is commenced by the filing of a petition entitled, "In Re the legal separation of _________ and _________". The petition must: (1) be verified; and (2) set forth the following: (A) The residence of each party and the length of residen…

Sec. 5. A proceeding may not be commenced under section 4 of this chapter if: (1) an action for dissolution of marriage filed under IC 31-15-2-4 (or IC 31-1-11.5-3(a) before its repeal) is pending; or (2) a provisional order or decree based on a petition for dissolution of marria…

Sec. 6. (a) At the time of the filing of a petition for legal separation under section 4 of this chapter, at least one (1) of the parties must have been: (1) a resident of Indiana; or (2) stationed at a United States military installation within Indiana; for six (6) months immedi…

Sec. 7. Whenever a petition is filed, a copy of the petition, including a copy of a summons, shall be served upon the other party to the marriage in the same manner as service of summons in civil actions generally. [Pre-1997 Recodification Citation: 31-1-11.5-5 part.] As added by…

Sec. 8. A responsive pleading or a counter petition may be filed under this chapter. [Pre-1997 Recodification Citation: 31-1-11.5-4(d) part.] As added by P.L.1-1997, SEC.7.

Sec. 9. In an action for legal separation under section 2 of this chapter, the court may grant a decree for a separation of the parties to the marriage for a period not to exceed one (1) year if the court finds that: (1) conditions in or circumstances of the marriage make it curr…

Sec. 1. Before the birth of a child: (1) a licensed child placing agency; (2) an attorney representing prospective adoptive parents of the child; or (3) an attorney representing the mother of the child; may serve the putative father of the child or cause the putative father to be…

Sec. 2. Providing the putative father with actual notice under section 1 of this chapter does not obligate the mother of the child to proceed with an adoptive placement of the child. [Pre-1997 Recodification Citation: 31-3-1-6.4(c).] As added by P.L.1-1997, SEC.11.

Sec. 3. (a) Upon the filing of a petition for adoption: (1) the licensed child placing agency sponsoring the adoption; or (2) the attorney representing the prospective adoptive parents; shall submit to the court an affidavit setting forth the circumstances surrounding the service…

Sec. 4. Notice of the potential adoption under this chapter must be provided to the putative father of the child in substantially the following form: "______________ (putative father's name), who has been named as the father of the unborn child of __________ (birth mother's name)…

Sec. 5. A putative father who files a paternity action as described by IC 31-19-9-15(2) after receiving notice of a potential adoption from an attorney or a licensed child placing agency under section 1 of this chapter shall notify the attorney or agency that the paternity action…

Sec. 6. If a putative father fails to provide notice to an attorney or a licensed child placing agency under section 5 of this chapter (or under IC 31-3-1-6.4(i) before its repeal), upon a motion of the prospective adoptive parents the court having jurisdiction over the paternity…

Sec. 7. If the court has already established the paternity of a father who fails to provide notice under section 5 of this chapter (or under IC 31-3-1-6.4(i) before its repeal), upon motion of the prospective adoptive parents the court shall: (1) set aside the paternity determina…

Sec. 8. The Indiana Rules of Trial Procedure do not apply to the giving of notice under this chapter. As added by P.L.200-1999, SEC.13.

Sec. 9. (a) A notice served in accordance with this chapter on a putative father who is a resident of Indiana is valid regardless of whether the notice is served within or outside Indiana. (b) A notice served in accordance with this chapter outside Indiana on a putative father wh…

Sec. 1. A child custody determination made by an Indiana court that has jurisdiction under this article binds each person who has: (1) been served with notice in accordance with Indiana law; (2) been notified in accordance with section 3 of this chapter; or (3) submitted to the j…

Sec. 2. If a question of existence or exercise of jurisdiction under this article is raised in a child custody proceeding, the question, on a request of a party, must be given priority on the court's calendar and handled expeditiously. As added by P.L.138-2007, SEC.45.

Sec. 3. (a) Notice required for the exercise of jurisdiction when a person is outside Indiana may be given in a manner prescribed by: (1) Indiana law for service of process; or (2) the law of the state in which the service is made. Notice must be given in a manner reasonably calc…

Sec. 4. A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in Indiana for another proceeding or purpose solely by r…

Sec. 5. A person who is subject to personal jurisdiction in Indiana on a basis other than physical presence is not immune from service of process in Indiana. A person present in Indiana who is subject to the jurisdiction of another state is not immune from service of process allo…

Sec. 6. The immunity granted by section 4 of this chapter does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this article committed by an individual while present in Indiana. As added by P.L.138-2007, SEC.45.

Sec. 1. (a) The child support bureau is established within the department. The bureau is charged with the administration of Title IV-D of the federal Social Security Act. (b) The state's plan for the administration of Title IV-D must comply with all provisions of state law and wi…

Sec. 2. (a) The bureau shall operate the state parent locator service. The bureau shall make all necessary requests and responses to the federal parent locator service and to the parent locator services of the other states. (b) To carry out the bureau's responsibilities under thi…

Sec. 3. The bureau established by section 1 of this chapter or an agent of the bureau may issue a subpoena under Indiana Trial Rule 45 to obtain any financial or other information needed to establish, modify, or enforce a child support order. As added by P.L.103-2007, SEC.44.

Sec. 4. (a) Notwithstanding any other law, the bureau or a prosecuting attorney, private attorney, or private entity that is operating under an agreement or contract described in IC 31-25-4-13.1 is entitled to obtain access, at no cost to the bureau or the prosecuting attorney, p…

Sec. 1. (a) A person may not operate a child caring institution without a license issued under this article. (b) The state or a political subdivision of the state may not operate a child caring institution or receive children for placement in a child caring institution without a …

Sec. 10. (a) The department may grant a waiver of the maximum stay for a child if the child caring institution licensed as a shelter care facility applies for the waiver before the expiration of the maximum stay. (b) The child caring institution shall document in the request for …

Sec. 11. (a) The department shall deny a license when an applicant fails to meet the requirements for a license. (b) The department shall send written notice by certified mail that the application has been denied and give the reasons for the denial. (c) An administrative hearing …