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IC 31-14-13-1
Sole legal custody in biological mother; exceptions
Sec. 1. A biological mother of a child born out of wedlock has
sole legal custody of the child, unless a statute or court order
provides otherwise under the following:
(1) IC 12-26 (involuntary commitment of a child).
(2) IC 29-3 (guardianship and protective proceedings under the
probate 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.
IC 31-14-13-2
Factors of custody determination
Sec. 2. The court shall determine custody in accordance with the
best interests of the child. In determining the child's best interests,
there is not a presumption favoring either parent. The court shall
consider 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 to
the child's wishes if the child is at least fourteen (14) years of
age.
(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's
best 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 by
either parent.
(8) Evidence that the child has been cared for by a de facto
custodian, and if the evidence is sufficient, the court shall
consider 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 31-14-13-2.5
Consideration of de facto custodian factors
Sec. 2.5. (a) This section applies only if the court finds by clear
and convincing evidence that the child has been cared for by a de
facto custodian.
IC 31-14-13-3
Interview of child in chambers
Sec. 3. (a) The court may interview the child in chambers to
ascertain 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 of
the 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. The custodial parent may determine the child's upbringing,
which includes education, health care, and religious training, unless
the court determines that the best interests of the child require a
limitation on this authority.
As added by P.L.1-1997, SEC.6.
IC 31-14-13-5
Supervision of placement
Sec. 5. The court may order the probation department, the county
office of family and children, or any licensed child placing agency to
supervise the placement to ensure that the custodial or parenting time
terms of the decree are carried out if:
(1) both parents or the child request supervision; or
(2) the court finds that without supervision the child's physical
health and well-being would be endangered or the child's
emotional development would be significantly impaired.
As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.17.
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 factors
that 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 31-14-13-6.5
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 the
court 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 court
makes a finding under subdivision (1), (2), (4), or (7) by clear and
convincing 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 other
guarantee. In making a determination under this section, the court
shall consider the following:
(1) Whether a party has previously taken a child out of Indiana
or another state in violation of a custody, parenting time, or
visitation order.
(2) Whether a party has previously threatened to take a child out
of Indiana or another state in violation of a custody, parenting
time, 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 Indiana
to 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 in
Indiana, such as whether the party is unemployed, able to work
anywhere, or is financially independent.
(7) Whether a party has engaged in planning that would
facilitate removal from Indiana, such as quitting a job, selling
the party's primary residence, terminating a lease, closing an
account, liquidating other assets, hiding or destroying
documents, applying for a passport, applying for a birth
certificate, or applying for school or medical records.
(8) Whether a party has a history of marital instability, a lack of
parental cooperation, domestic violence, or child abuse.
(9) Whether a party has a criminal record.
After considering evidence, the court shall issue a written
determination of security, bond, or other written guarantee supported
by findings of fact and conclusions of law.
(b) If a motion for change of judge or change of venue is filed, the
court may, before a determination of change of judge or change of
venue, 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 the
factors 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 or
temporary restraining order as factor
Sec. 8. An intentional violation by a custodial parent of an
injunction 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 relevant
factor under section 2 of this chapter that the court must consider in
a 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 may
not hear evidence on a matter occurring before the last custody
proceeding between the parties unless the matter relates to a change
in the factors relating to the best interests of the child as described in
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.5.
IC 31-14-13-10
Notice of intent to move residence
Sec. 10. If an individual who has been awarded custody of or
parenting time with a child under this article (or IC 31-6-6.1-11
before its repeal) intends to move the individual's residence, the
individual must:
(1) file a notice of that intent with the clerk of the court that
issued the custody or parenting time order; and
IC 31-14-13-11
Notice of passport application for child
Sec. 11. (a) If any party to a custody order applies for a passport
for the child, the party who applies for the child's passport shall do
the following not less than ten (10) days before applying for the
child's passport:
(1) File a notice of the passport application with the clerk of the
court 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 the
requirements of subsection (a).
As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.6.