CHAPTER 5. JURISDICTION
IC 31-21-5
Chapter 5. Jurisdiction
IC 31-21-5-1
Jurisdiction requirements
Sec. 1. (a) Except as otherwise provided in section 4 of thischapter, an Indiana court has jurisdiction to make an initial childcustody determination only if one (1) of the following applies:
(1) Indiana is the home state of the child on the date of thecommencement of the proceeding or was the home state of thechild within six (6) months before the commencement of theproceeding, and the child is absent from Indiana but a parent orperson acting as a parent continues to live in Indiana.
(2) A court of another state does not have jurisdiction undersubdivision (1) or a court of the home state of the child hasdeclined to exercise jurisdiction on the ground that Indiana isthe more appropriate forum under section 8 or 9 of this chapter,and:
(A) the child and the child's parents, or the child and at leastone (1) parent or person acting as a parent, have a significantconnection with Indiana other than mere physical presence;and
(B) substantial evidence is available in Indiana concerningthe child's care, protection, training, and personalrelationships.
(3) All courts having jurisdiction under subdivision (1) or (2)have declined to exercise jurisdiction on the ground that anIndiana court is the more appropriate forum to determine thecustody of the child under section 8 or 9 of this chapter.
(4) No court of any other state would have jurisdiction underthe criteria specified in subdivision (1), (2), or (3).
(b) The jurisdictional requirements described in this sectionprovide the exclusive jurisdictional basis for making a child custodydetermination by an Indiana court.
(c) Physical presence of, or personal jurisdiction over, a party ora child is not necessary or sufficient to make a child custodydetermination.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-2
Exclusive, continuing jurisdiction of child custody cases
Sec. 2. (a) Except as otherwise provided in section 4 of thischapter, an Indiana court that has made a child custody determinationconsistent with section 1 or 3 of this chapter has exclusive,continuing jurisdiction over the determination until:
(1) an Indiana court determines that:
(A) neither:
(i) the child;
(ii) the child's parents; nor
(iii) any person acting as a parent; has a significant connection with Indiana; and
(B) substantial evidence is no longer available in Indianaconcerning the child's care, protection, training, and personalrelationships; or
(2) an Indiana court or a court of another state determines that:
(A) the child;
(B) the child's parents; and
(C) any person acting as a parent;
do not presently reside in Indiana.
(b) An Indiana court that:
(1) has made a child custody determination; and
(2) does not have exclusive, continuing jurisdiction under thissection;
may modify the determination only if the Indiana court hasjurisdiction to make an initial determination under section 1 of thischapter.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-3
Modification of a child custody determination made in anotherstate
Sec. 3. Except as provided in section 4 of this chapter, an Indianacourt may not modify a child custody determination made by a courtof another state unless an Indiana court has jurisdiction to make aninitial determination under section 1(a)(1) or 1(a)(2) of this chapterand:
(1) the court of the other state determines that:
(A) it no longer has exclusive, continuing jurisdiction undersection 2 of this chapter; or
(B) an Indiana court would be a more convenient forumunder section 8 of this chapter; or
(2) an Indiana court or a court of the other state determines that:
(A) the child;
(B) the child's parents; and
(C) any person acting as a parent;
do not presently reside in the other state.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-4
Temporary emergency jurisdiction; child custody determinations;communication with other courts
Sec. 4. (a) An Indiana court has temporary emergency jurisdictionif the child is present in Indiana and:
(1) the child has been abandoned; or
(2) it is necessary in an emergency to protect the child because:
(A) the child;
(B) the child's sibling; or
(C) the child's parent;
is subjected to or threatened with mistreatment or abuse.
(b) If: (1) there is no previous child custody determination that isentitled to be enforced under this article; and
(2) a child custody proceeding has not been commenced in acourt of a state having jurisdiction under sections 1 through 3of this chapter;
a child custody determination made under this section remains ineffect until an order is obtained from a court of a state havingjurisdiction under sections 1 through 3 of this chapter.
(c) If a child custody proceeding has not been or is notcommenced in a court of a state having jurisdiction under sections 1through 3 of this chapter, a child custody determination made underthis section becomes a final determination, and, if it so provides,Indiana becomes the home state of the child.
(d) If:
(1) there is a previous child custody determination that isentitled to be enforced under this article; or
(2) a child custody proceeding has been commenced in a courtof a state having jurisdiction under sections 1 through 3 of thischapter;
an order issued by an Indiana court under this section must specifyin the order a period that the court considers adequate to allow theperson seeking an order to obtain an order from the state havingjurisdiction under sections 1 through 3 of this chapter.
(e) The order issued in Indiana remains in effect until an order isobtained from the other state within the period specified or the periodexpires.
(f) An Indiana court that has been asked to make a child custodydetermination under this section, on being informed that:
(1) a child custody proceeding has been commenced in; or
(2) a child custody determination has been made by;
a court of a state having jurisdiction under sections 1 through 3 ofthis chapter, shall immediately communicate with the other court.
(g) An Indiana court that is exercising jurisdiction under sections1 through 3 of this chapter, on being informed that:
(1) a child custody proceeding has been commenced in; or
(2) a child custody determination has been made by;
a court of another state under a statute similar to this section, shallimmediately communicate with the court of the other state to resolvethe emergency, protect the safety of the parties and the child, anddetermine a period for the duration of the temporary order.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-5
Notice and opportunity to be heard; intervention and joinder
Sec. 5. (a) Before a child custody determination is made underthis article, notice and an opportunity to be heard in accordance withthe standards of IC 31-21-3-3 must be given to the following persons:
(1) Persons entitled to notice under Indiana law as in childcustody proceedings between residents of Indiana.
(2) A parent whose parental rights have not been previously
terminated.
(3) Any person having physical custody of the child.
(b) This article does not govern the enforceability of a childcustody determination made without notice or an opportunity to beheard.
(c) The obligation to join a party and the right to intervene as aparty in a child custody proceeding under this article are governed byIndiana law in the same manner as in child custody proceedingsbetween Indiana residents.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-6
Proceeding commenced in another state; court review ofdocuments
Sec. 6. (a) Except as otherwise provided in section 4 of thischapter, an Indiana court may not exercise its jurisdiction under thisarticle if, at the time of the commencement of the proceeding, aproceeding concerning the custody of the child has been commencedin a court of another state having jurisdiction substantially inconformity with this article, unless the proceeding:
(1) has been terminated; or
(2) is stayed by the court of the other state because an Indianacourt is a more convenient forum under section 8 of thischapter.
(b) Except as otherwise provided in section 4 of this chapter, anIndiana court, before hearing a child custody proceeding, shallexamine the court documents and other information supplied by theparties under sections 10 through 13 of this chapter. If the courtdetermines that a child custody proceeding has been commenced ina court in another state having jurisdiction substantially inaccordance with this article, the Indiana court shall:
(1) stay its proceeding; and
(2) communicate with the court of the other state.
If the court of the state having jurisdiction substantially inaccordance with this article does not determine that the Indiana courtis a more appropriate forum, the Indiana court shall dismiss theproceeding.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-7
Proceeding to modify a child custody determination; proceedingcommenced in another state
Sec. 7. In a proceeding to modify a child custody determination,an Indiana court shall determine whether a proceeding to enforce thedetermination has been commenced in another state. If a proceedingto enforce a child custody determination has been commenced inanother state, the Indiana court may:
(1) stay the proceeding for modification pending the entry of anorder of a court of the other state enforcing, staying, denying,or dismissing the proceeding for enforcement; (2) enjoin the parties from continuing with the proceeding forenforcement; or
(3) proceed with the modification under conditions the Indianacourt considers appropriate.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-8
Court declining exercise of jurisdiction
Sec. 8. (a) An Indiana court that has jurisdiction under this articleto make a child custody determination may decline to exercise itsjurisdiction at any time if the Indiana court determines that:
(1) the Indiana court is an inconvenient forum under thecircumstances; and
(2) a court of another state is a more appropriate forum.
The issue of inconvenient forum may be raised on motion of a party,the court's own motion, or request of another court.
(b) Before determining whether an Indiana court is aninconvenient forum, the Indiana court shall consider whether it isappropriate for a court of another state to exercise jurisdiction. Forthis purpose, the Indiana court shall allow the parties to submitinformation and shall consider the relevant factors, including thefollowing:
(1) Whether domestic violence has occurred and is likely tocontinue in the future and which state is best able to protect theparties and the child.
(2) The length of time the child has resided outside Indiana.
(3) The distance between the Indiana court and the court in thestate that would assume jurisdiction.
(4) The relative financial circumstances of the parties.
(5) An agreement of the parties as to which state should assumejurisdiction.
(6) The nature and location of the evidence required to resolvethe pending litigation, including the child's testimony.
(7) The ability of the court of each state to decide the issueexpeditiously and the procedures necessary to present theevidence.
(8) The familiarity of the court of each state with the facts andissues in the pending litigation.
(c) If an Indiana court determines that it is an inconvenient forumand that a court of another state is a more appropriate forum, theIndiana court:
(1) shall stay the proceedings on condition that a child custodyproceeding be promptly commenced in another designated state;and
(2) may impose any other condition the Indiana court considersjust and proper.
(d) An Indiana court may decline to exercise its jurisdiction underthis article if a child custody determination is incidental to an actionfor dissolution of marriage or another proceeding while still retainingjurisdiction over the dissolution of marriage or other proceeding.As added by P.L.138-2007, SEC.45.
IC 31-21-5-9
Court declining exercise of jurisdiction if person engaged inunjustifiable conduct; exceptions; remedies; reasonable expenses
Sec. 9. (a) Except as otherwise provided in section 4 of thischapter or by any other Indiana law, if an Indiana court hasjurisdiction under this article because a person seeking to invoke itsjurisdiction has engaged in unjustifiable conduct, the court shalldecline to exercise its jurisdiction unless:
(1) the child's parents and any person acting as a parent haveacquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction undersections 1 through 3 of this chapter determines that Indiana isa more appropriate forum under section 8 of this chapter; or
(3) no court of any other state would have jurisdiction under thecriteria specified in sections 1 through 3 of this chapter.
(b) If an Indiana court declines to exercise its jurisdiction undersubsection (a), the Indiana court may fashion an appropriate remedyto:
(1) ensure the safety of the child; and
(2) prevent a repetition of the unjustifiable conduct;
including staying the proceeding until a child custody proceeding iscommenced in a court having jurisdiction under sections 1 through3 of this chapter.
(c) If a court dismisses a petition or stays a proceeding because itdeclines to exercise its jurisdiction under subsection (a), the courtshall assess against the party seeking to invoke its jurisdictionnecessary and reasonable expenses, including:
(1) costs;
(2) communication expenses;
(3) attorney's fees;
(4) investigative fees;
(5) expenses for witnesses;
(6) travel expenses; and
(7) child care during the course of the proceedings;
unless the party from whom fees are sought establishes that theassessment would be clearly inappropriate. The court may not assessfees, costs, or expenses against the state unless authorized by lawother than this article.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-10
Information required by each party in a child custody proceeding
Sec. 10. (a) Subject to local law providing for the confidentialityof procedures, addresses, and other identifying information in a childcustody proceeding, each party, in its first pleading or in an attachedaffidavit, shall provide information, under oath, regarding:
(1) the child's present address or whereabouts and the placeswhere the child has lived during the immediately preceding five
(5) years; and
(2) the names and present addresses of the persons with whomthe child has lived during that period.
(b) The pleading or affidavit must state the following:
(1) Whether the party has participated, as a party or witness orin any other capacity, in any other proceeding concerning thecustody of or visitation with the child and, if so, identify:
(A) the court;
(B) the case number; and
(C) the date of the child custody determination, if any.
(2) Whether the party knows of a proceeding that may affect thecurrent proceeding, including proceedings for enforcement andproceedings relating to:
(A) domestic violence;
(B) protective orders;
(C) termination of parental rights; and
(D) adoptions;
and, if so, identify the court, the case number, and the nature ofthe proceeding.
(3) Whether the party knows the names and addresses of aperson not a party to the proceeding who:
(A) has physical custody of the child; or
(B) claims rights of legal custody or physical custody of, orvisitation with, the child;
and, if so, the names and addresses of the persons.
(c) If the information required by subsection (a) is not furnished,the court, on motion of a party or its own motion, may stay theproceeding until the information is furnished.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-11
Additional information required by each party in a child custodyproceeding
Sec. 11. If the declaration as to any of the items described insection 10(b)(1) through 10(b)(3) of this chapter is in the affirmative,the party shall give additional information under oath as required bythe court. The court may examine the parties under oath as to detailsof the information furnished and other matters pertinent to:
(1) the court's jurisdiction; and
(2) the disposition of the case.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-12
Continuous duty to inform
Sec. 12. Each party has a continuing duty to inform the court ofa proceeding in Indiana or any other state that may affect the currentproceeding.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-13 Information required to be sealed
Sec. 13. If a party alleges in an affidavit or a pleading under oaththat the health, safety, or liberty of a party or child would bejeopardized by disclosure of identifying information, the informationmust be sealed and may not be disclosed to the other party or thepublic unless the court orders the disclosure to be made after ahearing in which the court:
(1) takes into consideration the health, safety, or liberty of theparty or child; and
(2) determines that the disclosure is in the interest of justice.
As added by P.L.138-2007, SEC.45.
IC 31-21-5-14
Order to appear before the court
Sec. 14. (a) In a child custody proceeding in Indiana, the courtmay order a party to the proceeding who is in Indiana to appearbefore the court in person with or without the child. The court mayorder any person who:
(1) is in Indiana; and
(2) has physical custody or control of the child;
to appear in person with the child.
(b) If a party to a child custody proceeding whose presence isdesired by the court is outside Indiana, the court may order that anotice given under IC 31-21-3-3 include a statement:
(1) directing the party to appear in person with or without thechild; and
(2) informing the party that failure to appear may result in adecision adverse to the party.
(c) The court may enter an order necessary to ensure the safety of:
(1) the child; and
(2) any person ordered to appear under this section.
(d) If a party to a child custody proceeding who is outside Indiana:
(1) is directed to appear under subsection (b); or
(2) desires to appear personally before the court with or withoutthe child;
the court may require another party to pay reasonable and necessarytravel and other expenses of the party who appears and of the child.
As added by P.L.138-2007, SEC.45.