CHAPTER 2. DEFINITIONS
IC 31-21-2
Chapter 2. Definitions
IC 31-21-2-1
Definitions application
Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.138-2007, SEC.45.
IC 31-21-2-2
"Abandoned"
Sec. 2. "Abandoned" means left without provision for reasonableand 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 orother 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 inwhich legal custody, physical custody, or visitation with respect toa 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 juveniledelinquency, contractual emancipation, or enforcement of childcustody 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 ina 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 toestablish, 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 thecommencement of a child custody proceeding. In the case of a childless than six (6) months of age, the term means the state in which thechild lived since birth with a parent or person acting as a parent. Aperiod of temporary absence of the parent or person acting as aparent 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 custodydetermination 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 childcustody determination for which enforcement is sought under thisarticle.
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 custodydetermination 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 thatchanges, replaces, supersedes, or is otherwise made after a previousdetermination concerning the same child, regardless of whether thedetermination 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 businesstrust, an estate, a trust, a partnership, a limited liability company, anassociation, a joint venture, a government, a governmentalsubdivision, an agency or instrumentality, a public corporation, orany 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 aparent, who:
(1) has physical custody of the child or has had physicalcustody for a period of at least six (6) consecutive months,including a temporary absence, within one (1) year immediatelybefore the commencement of a child custody proceeding; and
(2) has been awarded legal custody by a court or claims a rightto 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 Conventionon 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 andsupervision 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 proceedinghas been commenced for enforcement of: (1) an order for return of a child under the Hague Conventionon 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 ofColumbia, Puerto Rico, the United States Virgin Islands, or aterritory or an insular possession subject to the jurisdiction of theUnited 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 Nativevillage 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 authorizinglaw enforcement officers to take physical custody of a child.
As added by P.L.138-2007, SEC.45.