Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 4. A proceeding for dissolution of marriage is commenced by the filing of a petition entitled, "In Re the marriage of _________ and __________." [Pre-1997 Recodification Citation: 31-1-11.5-4(a) part.] As added by P.L.1-1997, SEC.7.

Sec. 5. (a) A petition for dissolution of marriage must: (1) be verified; and (2) set forth the following: (A) The residence of each party and the length of residence in the state and county. (B) The date of the marriage. (C) The date on which the parties separated. (D) The name,…

Sec. 6. (a) At the time of the filing of a petition 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 immediately preceding the f…

Sec. 7. (a) A petition or counter petition for dissolution of marriage must be filed in the court in which: (1) a legal separation proceeding is pending; or (2) a provisional order or decree for legal separation is in effect; if the petition for legal separation was filed before …

Sec. 8. 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. 9. 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. 1. Proceedings under this chapter and IC 31-16-3.5 through IC 31-16-12 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.8. Amended by P.L.1-2010, SEC.117.

Sec. 2. A cause of action for child support is established. [Pre-1997 Recodification Citation: 31-1-11.5-3(b).] As added by P.L.1-1997, SEC.8.

Sec. 3. A proceeding for child support must be commenced by the filing of a petition entitled, "In Re the support of __________". The petition may be filed by any person entitled to receive child support payments. [Pre-1997 Recodification Citation: 31-1-11.5-4(b) part.] As added …

Sec. 4. A petition for child support: (1) must be verified; and (2) must set forth the following: (A) The relationship of the parties. (B) The present residence of each party. (C) The names and addresses of: (i) each living child less than nineteen (19) years of age; and (ii) eac…

Sec. 5. Whenever a petition is filed, a copy of the petition, including a copy of a summons, shall be served upon the person alleged to be responsible for child support in the same manner as service of summons in civil actions generally. [Pre-1997 Recodification Citation: 31-1-11…

Sec. 6. In an action for child support under section 2 of this chapter, one (1) of the parties must reside in the county at the time of the filing of the action. [Pre-1997 Recodification Citation: 31-1-11.5-6(c).] As added by P.L.1-1997, SEC.8.

Sec. 7. A responsive pleading or a counter petition may be filed under this chapter or IC 31-16-3.5 through IC 31-16-12. [Pre-1997 Recodification Citation: 31-1-11.5-4(d) part.] As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.118.

Sec. 8. (a) The court shall enter a decree in an action under section 2 of this chapter when the court finds: (1) that there is a duty to support by the person alleged to have the duty; (2) that the duty to support has not been fulfilled; and (3) that an order should be entered u…

Sec. 1. Jurisdiction of a child custody proceeding under: (1) this chapter, IC 31-17-4, IC 31-17-6, and IC 31-17-7; or (2) IC 31-21 (or IC 31-17-3 before its repeal); shall be determined under IC 31-21 (or IC 31-17-3 before its repeal). [Pre-1997 Recodification Citation: 31-1-11.…

Sec. 10. (a) The court may seek the advice of professional personnel even if the professional personnel are not employed on a regular basis by the court. The advice shall be given in writing and made available by the court to counsel upon request. (b) Counsel may call for cross-e…

Sec. 11. (a) If, in a proceeding for custody or modification of custody under IC 31-15, this chapter, IC 31-17-4, IC 31-17-6, or IC 31-17-7, the court: (1) requires supervision during the noncustodial parent's parenting time privileges; or (2) suspends the noncustodial parent's p…

Sec. 12. (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by any of…

Sec. 13. 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. [Pre-1997 Recodification Citation: 31-1-11.5-21(f) part.] As added by P.L.1-1997, SEC.9.

Sec. 14. An award of joint legal custody under section 13 of this chapter does not require an equal division of physical custody of the child. [Pre-1997 Recodification Citation: 31-1-11.5-21(f) part.] As added by P.L.1-1997, SEC.9.

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…