Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 1.1. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102. (b) A court in a proceeding to determine or modify parenting time: (1) shall not discriminate against; and (2) shall take into consideration the provision of reasonable accommodation…

Sec. 10. A noncustodial parent who misses parenting time as the result of participation in an activity of: (1) the Indiana National Guard; or (2) a reserve component of the armed forces of the United States; may make up the lost parenting time as provided in IC 10-16-7-22. As add…

Sec. 11. (a) If a person files a petition to establish or modify parenting time with a child, any person who: (1) is a party to the parenting time proceeding; and (2) has knowledge that: (A) a party to the parenting time proceeding has been determined to be a perpetrator of a sub…

Sec. 2. The court may modify an order granting or denying parenting time rights whenever modification would serve the best interests of the child. However, the court shall not restrict a parent's parenting time rights unless the court finds that the parenting time might endanger …

Sec. 2.5. The court may provide in: (1) a parenting time order; or (2) a modification to a parenting time order; for the security, bond, or other guarantee that is satisfactory to the court to secure enforcement of the provisions of the parenting time order. As added by P.L.171-2…

Sec. 3. (a) In any action filed to enforce or modify an order granting or denying parenting time rights, a court may award: (1) reasonable attorney's fees; (2) court costs; and (3) other reasonable expenses of litigation. (b) In determining whether to award reasonable attorney's …

Sec. 4. A noncustodial parent who: (1) has been granted parenting time rights with a child who lives with the custodial parent; (2) regularly pays support ordered by a court for the child; and (3) is barred by a custodial parent from exercising parenting time rights ordered for t…

Sec. 5. (a) If an application for an injunction has been filed under section 4 of this chapter (or IC 31-1-11.5-26 before its repeal), the court may grant, without notice, upon affidavit of the noncustodial parent, a temporary restraining order restraining the custodial parent fr…

Sec. 6. A hearing upon the restraining order must be held at the earliest convenience of the court. [Pre-1997 Recodification Citation: 31-1-11.5-26(c) part.] As added by P.L.1-1997, SEC.9.

Sec. 7. (a) This section does not apply to an order under section 2.5 of this chapter. (b) A court may not require an applicant for a temporary restraining order or an injunction under section 4 of this chapter (or IC 31-1-11.5-26 before its repeal) to give security. [Pre-1997 Re…

Sec. 8. A court that finds an intentional violation without justifiable cause by a custodial parent of an injunction or a temporary restraining order issued under this chapter (or IC 31-1-11.5-26 before its repeal): (1) shall find the custodial parent in contempt of court; (2) sh…

Sec. 9. The remedies in this chapter are in addition to and do not limit other civil or criminal remedies available to the noncustodial parent. [Pre-1997 Recodification Citation: 31-1-11.5-26(g).] As added by P.L.1-1997, SEC.9.

Sec. 1. Except as provided by IC 31-19-2.5-4, if: (1) on or before the date the mother of a child executes a consent to the child's adoption, the mother has provided an attorney or agency arranging the adoption with the name and address of the putative father; and (2) the putativ…

Sec. 13. The Indiana Rules of Trial Procedure do not apply to the provision of notice under this chapter. As added by P.L.200-1999, SEC.18. Amended by P.L.203-2021, SEC.12.

Sec. 2. Except as provided by IC 31-19-2.5-4, if: (1) on or before the date the mother of a child executes a consent to the child's adoption, the mother has not provided an attorney or agency arranging the adoption with the name or address, or both, of the putative father of the …

Sec. 3. (a) Except as provided in subsection (c), if: (1) the mother of a child: (A) informs an attorney or agency arranging the child's adoption, on or before the date the child's mother executes a consent to the child's adoption, that the child was conceived outside Indiana; an…

Sec. 4. Notice of the adoption proceeding required under section 3 of this chapter shall be given to an unnamed putative father in substantially the following form: "NOTICE TO UNNAMED FATHER The unnamed putative father of the child born to ______ (mother's name) on _____ (date), …

Sec. 5. Notice of the adoption proceeding shall be given to: (1) the putative father who is entitled to notice under section 1 or 2 of this chapter; or (2) a named putative father under section 3 of this chapter; in substantially the following form: "NOTICE TO NAMED FATHER ______…

Sec. 6. Except as provided in section 3 of this chapter, if: (1) on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to the attorney or agency arranging the adoption the identity or address, or both, of the putative…

Sec. 7. If a putative father is entitled to notice under section 1, 2, or 3 of this chapter, upon service of notice to the putative father under IC 31-19-2.5-6, no further efforts to give notice to the putative father are necessary, regardless of whether the putative father actua…

Sec. 8. (a) The notice required by this chapter may be waived in writing before or after the birth of a child. (b) A waiver of notice under subsection (a) must: (1) be in writing and signed in the presence of a notary public; and (2) acknowledge that: (A) the waiver is irrevocabl…

Sec. 9. The notice required by this chapter is not necessary: (1) if actual notice has been given to a putative father under IC 31-19-3; or (2) if: (A) a person has attempted to give notice to a putative father at a particular address under IC 31-19-3; and (B) the putative father…

Sec. 1. An Indiana court may communicate with a court in another state concerning a proceeding arising under this article. As added by P.L.138-2007, SEC.45.

Sec. 10. Travel and other necessary and reasonable expenses incurred under sections 8 and 9 of this chapter may be assessed against the parties according to Indiana law. As added by P.L.138-2007, SEC.45.

Sec. 11. An Indiana court shall preserve the: (1) pleadings; (2) orders; (3) decrees; (4) records of hearings; (5) evaluations; and (6) other pertinent records; with respect to a child custody proceeding until the child becomes eighteen (18) years of age. On appropriate request b…

Sec. 2. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, the parties must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. As added by P.L.…

Sec. 3. Communication between courts regarding: (1) schedules; (2) calendars; (3) court records; and (4) similar matters; may occur without informing the parties. A record need not be made of the communication. As added by P.L.138-2007, SEC.45.

Sec. 4. A record must be made of a communication under sections 1 and 2 of this chapter. The parties must be: (1) promptly informed of the communication; and (2) granted access to the record. As added by P.L.138-2007, SEC.45.

Sec. 5. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in Indiana for testimony…

Sec. 6. An Indiana court may permit a person residing in another state to be deposed or to testify by: (1) telephone; (2) audiovisual means; or (3) other electronic means; before a designated court or another location in that state. An Indiana court shall cooperate with courts in…

Sec. 7. Documentary evidence transmitted from another state to an Indiana court by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. As added by P.L.138-2007, SEC.45.

Sec. 8. An Indiana court may request the appropriate court of another state to do the following: (1) Hold an evidentiary hearing. (2) Order a person to produce or give evidence under the procedures of the other state. (3) Order that an evaluation be made with respect to the custo…

Sec. 9. On the request of a court of another state, an Indiana court may: (1) hold a hearing; and (2) enter an order described in section 8 of this chapter. As added by P.L.138-2007, SEC.45.

Sec. 1. As used in this chapter, "bureau" refers to the child support bureau established by IC 31-25-3-1. As added by P.L.145-2006, SEC.271.

Sec. 10. The bureau shall make the agreements and maintain the communications necessary with the agency that administers Title IV-A of the federal Social Security Act to ensure proper operation of the total program. Prompt notice for action in all cases must be given between the …

Sec. 11. (a) The bureau shall maintain the state case registry required under 42 U.S.C. 654A(e). (b) The state case registry must contain the following: (1) Records of each case in which the bureau provides services. (2) Each child support order established or modified after Sept…

Sec. 12. The bureau shall make all contact with the federal courts necessary under federal law and guidelines. As added by P.L.145-2006, SEC.271.

Sec. 13.1. (a) This section applies after December 31, 2006. (b) The bureau shall make the agreements necessary for the effective administration of the plan with local governmental officials within Indiana. The bureau shall contract with: (1) a prosecuting attorney; (2) a private…

Sec. 14.1. (a) This section applies after December 31, 2006. (b) The bureau shall establish a program to allow a prosecuting attorney with which the bureau has contracted under section 13.1 of this chapter to contract with a collection agency licensed under IC 25-11 to provide ch…

Sec. 15. (a) The judge of a court having jurisdiction over actions arising under Title IV-D of the Social Security Act (42 U.S.C. 651) shall, when necessary to satisfy the federal requirement of expedited process for obtaining and enforcing support orders (42 U.S.C. 666(a)(2); 42…

Sec. 16. The bureau may contract for services from nongovernmental providers under the guidelines established for all state agency contracts. As added by P.L.145-2006, SEC.271.

Sec. 17. (a) The bureau shall do the following: (1) Collect support payments when the payments have been assigned to the state by the application for assistance under Title IV-A. (2) Assist in obtaining a support order, including an order for health insurance coverage under: (A) …

Sec. 17.5. (a) If the bureau or the clerk of the circuit court determines that a recipient of a court ordered support obligation has received a payment that the recipient is not entitled to because the payment: (1) was distributed to the incorrect recipient; (2) was made due to f…

Sec. 18. (a) Under 42 U.S.C. 666, the bureau has the authority, without a court order, to order genetic testing to establish paternity. (b) The bureau may not order genetic testing as provided under this section without a request from a local child support attorney where an order…

Sec. 19. All services provided under section 17 of this chapter and IC 31-25-3-2 must be available to individuals (other than recipients or applicants for the federal Temporary Assistance for Needy Families (TANF) program (45 CFR 265)) upon application for the services, as requir…

Sec. 19.5. (a) If a Title IV-D agency collects child support payments of at least the threshold amount established under 42 U.S.C. 654(6) on behalf of an individual who has never received Title IV-A assistance, the Title IV-D agency shall collect a fee in accordance with 42 U.S.C…