CHAPTER 4. PARENTING TIME RIGHTS OF NONCUSTODIAL PARENT
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 toreasonable parenting time rights unless the court finds, after ahearing, that parenting time by the noncustodial parent mightendanger the child's physical health or significantly impair the child'semotional development.
(b) The court may interview the child in chambers to assist thecourt in determining the child's perception of whether parenting timeby the noncustodial parent might endanger the child's physical healthor 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 purposesof 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 denyingparenting time rights whenever modification would serve the bestinterests of the child. However, the court shall not restrict a parent'sparenting time rights unless the court finds that the parenting timemight endanger the child's physical health or significantly impair thechild'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 thecourt to secure enforcement of the provisions of the parenting timeorder.
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 ordergranting 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 courtmay consider among other factors:
(1) whether the petitioner substantially prevailed and whetherthe court found that the respondent knowingly or intentionallyviolated an order granting or denying rights; and
(2) whether the respondent substantially prevailed and the courtfound 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 wholives 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 parentingtime rights ordered for the noncustodial parent and the child;
may file, in the court that has jurisdiction over the dissolution ofmarriage, an application for an injunction against the custodial parentunder 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 undersection 4 of this chapter (or IC 31-1-11.5-26 before its repeal), thecourt may grant, without notice, upon affidavit of the noncustodialparent, a temporary restraining order restraining the custodial parentfrom further violation of the parenting time order.
(b) In the affidavit, the noncustodial parent must state underpenalties for perjury that:
(1) the noncustodial parent has been granted parenting timerights with the child; and
(2) the noncustodial parent regularly pays the support orderedby 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 theearliest 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 section2.5 of this chapter.
(b) A court may not require an applicant for a temporaryrestraining 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 withoutjustifiable cause by a custodial parent of an injunction or a temporaryrestraining order issued under this chapter (or IC 31-1-11.5-26 beforeits repeal):
(1) shall find the custodial parent in contempt of court;
(2) shall order the exercise of parenting time that was notexercised due to the violation under this section at a time thecourt considers compatible with the schedules of thenoncustodial parent and the child;
(3) may order payment by the custodial parent of reasonableattorney's fees, costs, and expenses to the noncustodial parent;and
(4) may order the custodial parent to perform communityrestitution or service without compensation in a mannerspecified 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 notlimit other civil or criminal remedies available to the noncustodialparent.
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 theresult of participation in an activity of:
(1) the Indiana National Guard; or
(2) a reserve component of the armed forces of the UnitedStates;
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.