IC 31-21-2

    

Chapter 2. Definitions


IC 31-21-2-1

Definitions application

    


Sec. 1. The definitions in this chapter apply throughout this
article.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-2

"Abandoned"

    


Sec. 2. "Abandoned" means left without provision for reasonable
and necessary care or supervision.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-3

"Child"

    


Sec. 3. "Child" means a person who is less than eighteen (18)
years of age.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-4

"Child custody determination"

    


Sec. 4. (a) "Child custody determination" means a judgment,
decree, or other court order providing for:

        (1) legal custody;

        (2) physical custody; or

        (3) visitation;

with respect to a child.

    (b) The term does not include an order relating to child support or
other monetary obligation of a person.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-5

"Child custody proceeding"

    


Sec. 5. (a) "Child custody proceeding" means a proceeding in
which legal custody, physical custody, or visitation with respect to
a child is an issue. The term includes a proceeding for:

        (1) dissolution of marriage or legal separation;

        (2) child abuse or neglect;

        (3) guardianship;

        (4) paternity;

        (5) termination of parental rights; and

        (6) protection from domestic violence;

in which the issue of child custody or visitation may appear.

    (b) The term does not include a proceeding involving juvenile
delinquency, contractual emancipation, or enforcement of child
custody under IC 31-21-6.

As added by P.L.138-2007, SEC.45.

IC 31-21-2-6

"Commencement"

    


Sec. 6. "Commencement" means the filing of the first pleading in
a proceeding.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-7

"Court"

    


Sec. 7. "Court" means an entity authorized by state law to
establish, enforce, or modify a child custody determination.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-8

"Home state"

    


Sec. 8. "Home state" means the state in which a child lived with:

        (1) a parent; or

        (2) a person acting as a parent;

for at least six (6) consecutive months immediately before the
commencement of a child custody proceeding. In the case of a child
less than six (6) months of age, the term means the state in which the
child lived since birth with a parent or person acting as a parent. A
period of temporary absence of the parent or person acting as a
parent is part of the period.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-9

"Initial determination"

    


Sec. 9. "Initial determination" means the first child custody
determination concerning a child.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-10

"Issuing court"

    


Sec. 10. "Issuing court" means the court that makes a child
custody determination for which enforcement is sought under this
article.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-11

"Issuing state"

    


Sec. 11. "Issuing state" means the state in which a child custody
determination is made.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-12

"Modification"

    


Sec. 12. "Modification" means a child custody determination that
changes, replaces, supersedes, or is otherwise made after a previous
determination concerning the same child, regardless of whether the
determination is made by the court that made the previous


determination.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-13

"Person"

    


Sec. 13. "Person" means an individual, a corporation, a business
trust, an estate, a trust, a partnership, a limited liability company, an
association, a joint venture, a government, a governmental
subdivision, an agency or instrumentality, a public corporation, or
any other legal or commercial entity.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-14

"Person acting as a parent"

    


Sec. 14. "Person acting as a parent" means a person, other than a
parent, who:

        (1) has physical custody of the child or has had physical
custody for a period of at least six (6) consecutive months,
including a temporary absence, within one (1) year immediately
before the commencement of a child custody proceeding; and

        (2) has been awarded legal custody by a court or claims a right
to legal custody under Indiana law.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-15

"Petitioner"

    


Sec. 15. "Petitioner" means a person who seeks enforcement of:

        (1) an order for return of a child under the Hague Convention
on the Civil Aspects of International Child Abduction; or

        (2) a child custody determination.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-16

"Physical custody"

    


Sec. 16. "Physical custody" means the physical care and
supervision of a child.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-17

"Record"

    


Sec. 17. "Record" means information that is:

        (1) inscribed on a tangible medium; or

        (2) stored in an electronic or other medium;

and that is retrievable in a perceivable form.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-18

"Respondent"

    


Sec. 18. "Respondent" means a person against whom a proceeding
has been commenced for enforcement of:

        (1) an order for return of a child under the Hague Convention
on the Civil Aspects of International Child Abduction; or

        (2) a child custody determination.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-19

"State"

    


Sec. 19. "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or a
territory or an insular possession subject to the jurisdiction of the
United States.

As added by P.L.138-2007, SEC.45.



IC 31-21-2-20


"Tribe"

    


Sec. 20. "Tribe" means an Indian tribe or band or Alaskan Native
village that is:

        (1) recognized by federal law; or

        (2) formally acknowledged by a state.

As added by P.L.138-2007, SEC.45.


IC 31-21-2-21

"Warrant"

    


Sec. 21. "Warrant" means an order issued by a court authorizing
law enforcement officers to take physical custody of a child.

As added by P.L.138-2007, SEC.45.