CHAPTER 13. CUSTODY FOLLOWING DETERMINATION OF PATERNITY
IC 31-14-13
Chapter 13. Custody Following Determination of Paternity
IC 31-14-13-1
Sole legal custody in biological mother; exceptions
Sec. 1. A biological mother of a child born out of wedlock hassole legal custody of the child, except as provided in IC 16-37-2-2.1,and unless a statute or court order provides otherwise under thefollowing:
(1) IC 12-26 (involuntary commitment of a child).
(2) IC 29-3 (guardianship and protective proceedings under theprobate code).
(3) IC 31-14 (custody of a child born outside of a marriage).
(4) IC 31-34 (child in need of services).
(5) IC 31-37 (delinquent child).
(6) IC 35-46 (offenses against the family).
(7) IC 35-50 (criminal sentences).
(8) An order by a court that has jurisdiction over the child.
As added by P.L.1-1997, SEC.6. Amended by P.L.25-2010, SEC.2.
IC 31-14-13-2
Factors of custody determination
Sec. 2. The court shall determine custody in accordance with thebest interests of the child. In determining the child's best interests,there is not a presumption favoring either parent. The court shallconsider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child's parents.
(3) The wishes of the child, with more consideration given tothe child's wishes if the child is at least fourteen (14) years ofage.
(4) The interaction and interrelationship of the child with:
(A) the child's parents;
(B) the child's siblings; and
(C) any other person who may significantly affect the child'sbest interest.
(5) The child's adjustment to home, school, and community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence byeither parent.
(8) Evidence that the child has been cared for by a de factocustodian, and if the evidence is sufficient, the court shallconsider the factors described in section 2.5(b) of this chapter.
As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.2;P.L.133-2002, SEC.24.
IC 31-14-13-2.3
Joint legal custody; finding required for award; factors consideredin making award
Sec. 2.3. (a) In a proceeding to which this chapter applies, the
court may award legal custody of a child jointly if the court finds thatan award of joint legal custody would be in the best interest of thechild.
(b) An award of joint legal custody under this section does notrequire an equal division of physical custody of the child.
(c) In determining whether an award of joint legal custody underthis section would be in the best interest of the child, the court shallconsider it a matter of primary, but not determinative, importancethat the persons awarded joint legal custody have agreed to an awardof joint legal custody. The court shall also consider:
(1) the fitness and suitability of each of the persons awardedjoint legal custody;
(2) whether the persons awarded joint legal custody are willingand able to communicate and cooperate in advancing the child'swelfare;
(3) the wishes of the child, with more consideration given to thechild's wishes if the child is at least fourteen (14) years of age;
(4) whether the child has established a close and beneficialrelationship with both of the persons awarded joint legalcustody;
(5) whether the persons awarded joint legal custody:
(A) live in close proximity to each other; and
(B) plan to continue to do so;
(6) the nature of the physical and emotional environment in thehome of each of the persons awarded joint legal custody; and
(7) whether there is a pattern of domestic or family violence.
As added by P.L.95-2009, SEC.2.
IC 31-14-13-2.5
Consideration of de facto custodian factors
Sec. 2.5. (a) This section applies only if the court finds by clearand convincing evidence that the child has been cared for by a defacto custodian.
(b) In addition to the factors listed in section 2 of this chapter, thecourt shall consider the following factors in determining custody:
(1) The wishes of the child's de facto custodian.
(2) The extent to which the child has been cared for, nurtured,and supported by the de facto custodian.
(3) The intent of the child's parent in placing the child with thede facto custodian.
(4) The circumstances under which the child was allowed toremain in the custody of the de facto custodian, includingwhether the child was placed with the de facto custodian toallow the parent seeking custody to:
(A) seek employment;
(B) work; or
(C) attend school.
(c) If a court determines that a child is in the custody of a de factocustodian, the court shall make the de facto custodian a party to theproceeding. (d) The court shall award custody of the child to the child's defacto custodian if the court determines that it is in the best interestsof the child.
(e) If the court awards custody of the child to the child's de factocustodian, the de facto custodian is considered to have legal custodyof the child under Indiana law.
As added by P.L.96-1999, SEC.3.
IC 31-14-13-3
Interview of child in chambers
Sec. 3. (a) The court may interview the child in chambers toascertain the child's wishes.
(b) The court may permit counsel to be present at the interview.
(c) If counsel is present at the interview, a record may be made ofthe interview and made part of the record for purposes of appeal.
As added by P.L.1-1997, SEC.6.
IC 31-14-13-4
Authority of custodial parent to determine child's upbringing
Sec. 4. Except as otherwise provided in an order by a court, thecustodial parent may determine the child's upbringing, whichincludes education, health care, and religious training, unless thecourt determines that the best interests of the child require alimitation on this authority.
As added by P.L.1-1997, SEC.6. Amended by P.L.95-2009, SEC.3.
IC 31-14-13-5
Supervision of placement
Sec. 5. The court may order the probation department or anylicensed child placing agency to supervise the placement to ensurethat the custodial or parenting time terms of the decree are carriedout if:
(1) both parents or the child request supervision; or
(2) the court finds that without supervision the child's physicalhealth and well-being would be endangered or the child'semotional development would be significantly impaired.
As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.17;P.L.146-2008, SEC.557.
IC 31-14-13-6
Modification of child custody order
Sec. 6. The court may not modify a child custody order unless:
(1) modification is in the best interests of the child; and
(2) there is a substantial change in one (1) or more of the factorsthat the court may consider under section 2 and, if applicable,section 2.5 of this chapter.
As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.4.
IC 31-14-13-6.3
Parent's active duty service not a factor; temporary modification
of custody
Sec. 6.3. (a) A court may not consider a parent's absence orrelocation due to active duty service as a factor in determiningcustody or permanently modifying a child custody order.
(b) If a court temporarily modifies a custody order due to aparent's active duty service, the order temporarily modifying thecustody order terminates automatically not later than ten (10) daysafter the date the parent notifies the temporary custodian in writingthat the parent has returned from active duty service. This subsectiondoes not prevent a court from modifying a child custody order asprovided under this article after a parent returns from active dutyservice.
As added by P.L.80-2010, SEC.28.
IC 31-14-13-6.5
Security, bond, or guarantee
Sec. 6.5. The court may provide in:
(1) a custody order; or
(2) a modification of a custody order;
for the security, bond, or other guarantee that is satisfactory to thecourt to secure enforcement of the custody order.
As added by P.L.171-2001, SEC.3.
IC 31-14-13-6.7
Security, bond, or guarantee; determinations
Sec. 6.7. (a) The court shall consider requiring security, a bond,or another guarantee under section 6.5 of this chapter if the courtmakes a finding under subdivision (1), (2), (4), or (7) by clear andconvincing evidence. If the court makes a finding under subdivision(1), (2), (4), or (7), the court shall also consider subdivisions (3), (5),(6), (8), and (9) in determining the amount of security, bond, or otherguarantee. In making a determination under this section, the courtshall consider the following:
(1) Whether a party has previously taken a child out of Indianaor another state in violation of a custody, parenting time, orvisitation order.
(2) Whether a party has previously threatened to take a child outof Indiana or another state in violation of a custody, parentingtime, or visitation order.
(3) Whether a party has strong ties to Indiana.
(4) Whether a party:
(A) is a citizen of another country;
(B) has strong emotional or cultural ties to the other country;and
(C) has indicated or threatened to take a child out of Indianato the other country.
(5) Whether a party has friends or family living outside Indiana.
(6) Whether a party does not have a financial reason to stay inIndiana, such as whether the party is unemployed, able to workanywhere, or is financially independent. (7) Whether a party has engaged in planning that wouldfacilitate removal from Indiana, such as quitting a job, sellingthe party's primary residence, terminating a lease, closing anaccount, liquidating other assets, hiding or destroyingdocuments, applying for a passport, applying for a birthcertificate, or applying for school or medical records.
(8) Whether a party has a history of marital instability, a lack ofparental cooperation, domestic violence, or child abuse.
(9) Whether a party has a criminal record.
After considering evidence, the court shall issue a writtendetermination of security, bond, or other written guarantee supportedby findings of fact and conclusions of law.
(b) If a motion for change of judge or change of venue is filed, thecourt may, before a determination of change of judge or change ofvenue, consider security, bond, or other guarantee under this chapter.
As added by P.L.171-2001, SEC.4. Amended by P.L.68-2005,SEC.18.
IC 31-14-13-7
Determination; factors considered
Sec. 7. In making a determination, the court shall consider thefactors listed under section 2 of this chapter.
As added by P.L.1-1997, SEC.6.
IC 31-14-13-8
Custody modification proceeding; violation of injunction ortemporary restraining order as factor
Sec. 8. An intentional violation by a custodial parent of aninjunction or a temporary restraining order issued under IC 31-14-15(or IC 31-6-6.1-12.1 before its repeal) may be considered a relevantfactor under section 2 of this chapter that the court must consider ina proceeding for a custody modification under this chapter.
As added by P.L.1-1997, SEC.6.
IC 31-14-13-9
Custody modification proceeding; admissible evidence
Sec. 9. In a proceeding for a custody modification, the court maynot hear evidence on a matter occurring before the last custodyproceeding between the parties unless the matter relates to a changein the factors relating to the best interests of the child as described insection 2 and, if applicable, section 2.5 of this chapter.
As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.5.
IC 31-14-13-10
Notice of intent to move residence
Sec. 10. If an individual who has been awarded custody of orparenting time with a child under this article (or IC 31-6-6.1-11before its repeal) intends to move the individual's residence, theindividual must:
(1) file a notice of that intent with the clerk of the court that
issued the custody or parenting time order; and
(2) send a copy of the notice to each nonrelocating individualin accordance with IC 31-17-2.2.
As added by P.L.1-1997, SEC.6. Amended by P.L.50-2006, SEC.6.
IC 31-14-13-11
Notice of passport application for child
Sec. 11. (a) If any party to a custody order applies for a passportfor the child, the party who applies for the child's passport shall dothe following not less than ten (10) days before applying for thechild's passport:
(1) File a notice of the passport application with the clerk of thecourt that issued the custody order.
(2) Send a copy of the notice to the other party.
(b) The parties may jointly agree in writing to waive therequirements of subsection (a).
As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.6.