IC 31-17-4
Chapter 4. Parenting Time Rights of Noncustodial Parent
IC 31-17-4-1 Parenting time rights; in chambers interview of child
Sec. 1. (a) A parent not granted custody of the child is entitled to
reasonable parenting time rights unless the court finds, after a
hearing, that parenting time by the noncustodial parent might
endanger the child's physical health or significantly impair the child's
emotional development.
(b) The court may interview the child in chambers to assist the
court in determining the child's perception of whether parenting time
by the noncustodial parent might endanger the child's physical health
or significantly impair the child's emotional development.
(c) 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 purposes
of appeal. As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.2;
P.L.68-2005, SEC.45.
IC 31-17-4-2 Modification or denial; restriction of parenting time rights
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 the child's physical health or significantly impair the
child's emotional development. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.46.
IC 31-17-4-2.5 Security, bond, or guarantee
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.171-2001, SEC.13. Amended by P.L.68-2005,
SEC.47.
IC 31-17-4-3 Attorney's fees, court costs, and litigation expenses
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 fees,
court costs, and other reasonable expenses of litigation, the court
may consider among other factors:
(1) whether the petitioner substantially prevailed and whether
the court found that the respondent knowingly or intentionally
violated an order granting or denying rights; and
(2) whether the respondent substantially prevailed and the court
found that the action was frivolous or vexatious. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.48.
IC 31-17-4-4 Permanent injunction against custodial parent
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 the noncustodial parent and the child;
may file, in the court that has jurisdiction over the dissolution of
marriage, an application for an injunction against the custodial parent
under Rule 65 of the Indiana Rules of Trial Procedure. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.49.
IC 31-17-4-5 Temporary restraining order against custodial parent
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
from further violation of the parenting time order.
(b) In the affidavit, the noncustodial parent must state under
penalties for perjury that:
(1) the noncustodial parent has been granted parenting time
rights with the child; and
(2) the noncustodial parent regularly pays the support ordered
by a court for the child. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.50.
IC 31-17-4-6 Hearing
Sec. 6. A hearing upon the restraining order must be held at the
earliest convenience of the court. As added by P.L.1-1997, SEC.9.
IC 31-17-4-7 Security
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. As added by P.L.1-1997, SEC.9. Amended by P.L.171-2001, SEC.14.
IC 31-17-4-8 Contempt
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) shall order the exercise of parenting time that was not
exercised due to the violation under this section at a time the
court considers compatible with the schedules of the
noncustodial parent and the child;
(3) may order payment by the custodial parent of reasonable
attorney's fees, costs, and expenses to the noncustodial parent;
and
(4) may order the custodial parent to perform community
restitution or service without compensation in a manner
specified by the court. As added by P.L.1-1997, SEC.9. Amended by P.L.32-2000, SEC.19;
P.L.68-2005, SEC.51.
IC 31-17-4-9 Additional remedies
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. As added by P.L.1-1997, SEC.9.
IC 31-17-4-10 Missed parenting time; parent in military
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 added by P.L.103-1997, SEC.4. Amended by P.L.2-2003, SEC.72;
P.L.68-2005, SEC.52.
IC 31-17-4
Chapter 4. Parenting Time Rights of Noncustodial Parent
IC 31-17-4-1 Parenting time rights; in chambers interview of child
Sec. 1. (a) A parent not granted custody of the child is entitled to
reasonable parenting time rights unless the court finds, after a
hearing, that parenting time by the noncustodial parent might
endanger the child's physical health or significantly impair the child's
emotional development.
(b) The court may interview the child in chambers to assist the
court in determining the child's perception of whether parenting time
by the noncustodial parent might endanger the child's physical health
or significantly impair the child's emotional development.
(c) 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 purposes
of appeal. As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.2;
P.L.68-2005, SEC.45.
IC 31-17-4-2 Modification or denial; restriction of parenting time rights
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 the child's physical health or significantly impair the
child's emotional development. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.46.
IC 31-17-4-2.5 Security, bond, or guarantee
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.171-2001, SEC.13. Amended by P.L.68-2005,
SEC.47.
IC 31-17-4-3 Attorney's fees, court costs, and litigation expenses
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 fees,
court costs, and other reasonable expenses of litigation, the court
may consider among other factors:
(1) whether the petitioner substantially prevailed and whether
the court found that the respondent knowingly or intentionally
violated an order granting or denying rights; and
(2) whether the respondent substantially prevailed and the court
found that the action was frivolous or vexatious. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.48.
IC 31-17-4-4 Permanent injunction against custodial parent
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 the noncustodial parent and the child;
may file, in the court that has jurisdiction over the dissolution of
marriage, an application for an injunction against the custodial parent
under Rule 65 of the Indiana Rules of Trial Procedure. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.49.
IC 31-17-4-5 Temporary restraining order against custodial parent
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
from further violation of the parenting time order.
(b) In the affidavit, the noncustodial parent must state under
penalties for perjury that:
(1) the noncustodial parent has been granted parenting time
rights with the child; and
(2) the noncustodial parent regularly pays the support ordered
by a court for the child. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.50.
IC 31-17-4-6 Hearing
Sec. 6. A hearing upon the restraining order must be held at the
earliest convenience of the court. As added by P.L.1-1997, SEC.9.
IC 31-17-4-7 Security
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. As added by P.L.1-1997, SEC.9. Amended by P.L.171-2001, SEC.14.
IC 31-17-4-8 Contempt
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) shall order the exercise of parenting time that was not
exercised due to the violation under this section at a time the
court considers compatible with the schedules of the
noncustodial parent and the child;
(3) may order payment by the custodial parent of reasonable
attorney's fees, costs, and expenses to the noncustodial parent;
and
(4) may order the custodial parent to perform community
restitution or service without compensation in a manner
specified by the court. As added by P.L.1-1997, SEC.9. Amended by P.L.32-2000, SEC.19;
P.L.68-2005, SEC.51.
IC 31-17-4-9 Additional remedies
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. As added by P.L.1-1997, SEC.9.
IC 31-17-4-10 Missed parenting time; parent in military
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 added by P.L.103-1997, SEC.4. Amended by P.L.2-2003, SEC.72;
P.L.68-2005, SEC.52.
IC 31-17-4
Chapter 4. Parenting Time Rights of Noncustodial Parent
IC 31-17-4-1 Parenting time rights; in chambers interview of child
Sec. 1. (a) A parent not granted custody of the child is entitled to
reasonable parenting time rights unless the court finds, after a
hearing, that parenting time by the noncustodial parent might
endanger the child's physical health or significantly impair the child's
emotional development.
(b) The court may interview the child in chambers to assist the
court in determining the child's perception of whether parenting time
by the noncustodial parent might endanger the child's physical health
or significantly impair the child's emotional development.
(c) 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 purposes
of appeal. As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.2;
P.L.68-2005, SEC.45.
IC 31-17-4-2 Modification or denial; restriction of parenting time rights
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 the child's physical health or significantly impair the
child's emotional development. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.46.
IC 31-17-4-2.5 Security, bond, or guarantee
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.171-2001, SEC.13. Amended by P.L.68-2005,
SEC.47.
IC 31-17-4-3 Attorney's fees, court costs, and litigation expenses
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 fees,
court costs, and other reasonable expenses of litigation, the court
may consider among other factors:
(1) whether the petitioner substantially prevailed and whether
the court found that the respondent knowingly or intentionally
violated an order granting or denying rights; and
(2) whether the respondent substantially prevailed and the court
found that the action was frivolous or vexatious. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.48.
IC 31-17-4-4 Permanent injunction against custodial parent
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 the noncustodial parent and the child;
may file, in the court that has jurisdiction over the dissolution of
marriage, an application for an injunction against the custodial parent
under Rule 65 of the Indiana Rules of Trial Procedure. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.49.
IC 31-17-4-5 Temporary restraining order against custodial parent
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
from further violation of the parenting time order.
(b) In the affidavit, the noncustodial parent must state under
penalties for perjury that:
(1) the noncustodial parent has been granted parenting time
rights with the child; and
(2) the noncustodial parent regularly pays the support ordered
by a court for the child. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.50.
IC 31-17-4-6 Hearing
Sec. 6. A hearing upon the restraining order must be held at the
earliest convenience of the court. As added by P.L.1-1997, SEC.9.
IC 31-17-4-7 Security
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. As added by P.L.1-1997, SEC.9. Amended by P.L.171-2001, SEC.14.
IC 31-17-4-8 Contempt
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) shall order the exercise of parenting time that was not
exercised due to the violation under this section at a time the
court considers compatible with the schedules of the
noncustodial parent and the child;
(3) may order payment by the custodial parent of reasonable
attorney's fees, costs, and expenses to the noncustodial parent;
and
(4) may order the custodial parent to perform community
restitution or service without compensation in a manner
specified by the court. As added by P.L.1-1997, SEC.9. Amended by P.L.32-2000, SEC.19;
P.L.68-2005, SEC.51.
IC 31-17-4-9 Additional remedies
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. As added by P.L.1-1997, SEC.9.
IC 31-17-4-10 Missed parenting time; parent in military
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 added by P.L.103-1997, SEC.4. Amended by P.L.2-2003, SEC.72;
P.L.68-2005, SEC.52.
