Indiana § 31-17-2-26 - Submissions to the court; court requests for information

§ 31-17-2-26. Submissions to the court; court requests for information

Sec. 26. (a) If a person files a petition to establish or modify custody of a child, any person who:

(1) is a party to the custody proceeding; and

(2) has knowledge that:

(A) a party to the custody proceeding has been determined to be a perpetrator of a substantiated report of child abuse or neglect;

(B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;

(C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or

(D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;

shall submit to the court in writing under seal that a party to the custody proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).

(b) A court reviewing a petition to establish or modify custody of a child may request information from the department of child services regarding a petition or proceeding described in subsection (a)(2). The department shall provide a response under seal to the court's request for information not later than ten (10) days after the department receives the court's request for the information.

As added by P.L.239-2013, SEC.4.

IC 31-17-2.2Chapter 2.2. Relocation

31-17-2.2-0.5Notice requirements for persons seeking rights with a child 31-17-2.2-1Notice of intent to move residence; modifying orders; attorney's fees; mediation and alternative dispute resolution; exceptions 31-17-2.2-2Initial custody determination 31-17-2.2-3Notice; information requirements 31-17-2.2-4Risk or harm in disclosing information 31-17-2.2-5Response to request for relocation; required information; burden of proof; exceptions 31-17-2.2-6Temporary order to restrain or permit relocation

IC 31-17-2.2-0.5Notice requirements for persons seeking rights with a child Sec. 0.5. Except as provided in section 4 of this chapter, an individual who has or is seeking:

(1) custody of a child;

(2) parenting time with a child; or

(3) grandparent's visitation under IC 31-17-5;

shall at all times keep all other individuals who have or are seeking rights with the child (as described in subdivisions (1) through (3)) advised of the individual's home address and all of the individual's telephone numbers and electronic mail addresses. Information required by this section must be provided in writing, including electronically, to each individual entitled to the information.

As added by P.L.186-2019, SEC.10.

IC 31-17-2.2-1Notice of intent to move residence; modifying orders; attorney's fees; mediation and alternative dispute resolution; exceptions Sec. 1. (a) Except as provided in subsection (b), a relocating individual must file a notice of the intent to move with the clerk of the court that:

(1) issued the custody order or parenting time order; or

(2) if subdivision (1) does not apply, has jurisdiction over the legal proceedings concerning the custody of or parenting time with a child.

(b) A relocating individual is not required to file a notice of intent to move with the clerk of the court if:

(1) the relocation has been addressed by a prior court order, including a court order relieving the relocating individual of the requirement to file a notice; or

(2) the relocation will:

(A) result in a decrease in the distance between the relocating individual's residence and the nonrelocating individual's residence; or

(B) result in an increase of not more than twenty (20) miles in the distance between the relocating individual's residence and the nonrelocating individual's residence;

and allow the child to remain enrolled in the child's current school.

(c) Upon motion of a party, the court shall set the matter for a hearing to allow or restrain the relocation of a child and to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order. The court's authority to modify a custody order, parenting time order, grandparent visitation order, or child support order is not affected by the fact that a relocating individual is exempt from the requirement to file a notice of relocation by subsection (b). The court shall take into account the following in determining whether to modify a custody order, parenting time order, grandparent visitation order, or child support order:

(1) The distance involved in the proposed change of residence.

(2) The hardship and expense involved for the nonrelocating individual to exercise parenting time or grandparent visitation.

(3) The feasibility of preserving the relationship between the nonrelocating individual and the child through suitable parenting time and grandparent visitation arrangements, including consideration of the financial circumstances of the parties.

(4) Whether there is an established pattern of conduct by the relocating individual, including actions by the relocating individual to either promote or thwart a nonrelocating individual's contact with the child.

(5) The reasons provided by the:

(A) relocating individual for seeking relocation; and

(B) nonrelocating parent for opposing the relocation of the child.

(6) Other factors affecting the best interest of the child.

(d) A court may order the relocating individual and the nonrelocating individual to participate in mediation or another alternative dispute resolution process before a hearing under this section:

(1) on its own motion; or

(2) upon the motion of any party.

(e) If a relocation occurs, all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court.

(f) The court may award reasonable attorney's fees for a motion filed under this section in accordance with IC 31-15-10 and IC 34-52-1-1(b).

As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.11; P.L.162-2020, SEC.1.

IC 31-17-2.2-2Initial custody determination Sec. 2. (a) If a party provides notice of relocation at an initial hearing to determine custody, the court may consider the factors set forth in this chapter in the court's initial custody determination.

(b) The court may consider a proposed relocation of a child as a factor in determining whether to modify a custody order, parenting time order, grandparent visitation order, or child support order.

As added by P.L.50-2006, SEC.7.

IC 31-17-2.2-3Notice; information requirements Sec. 3. Except as provided in section 4 of this chapter, an individual required to file a notice under section 1 of this chapter must:

(1) file and serve the notice on each nonrelocating individual who is a party to the action in accordance with the Indiana Rules of Trial Procedure not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner;

(2) send the notice to any nonrelocating individual who is not a party to the action by registered or certified mail not later than thirty (30) days before the date of the intended relocation or not more than fourteen (14) days after the relocating individual becomes aware of the relocation, whichever is sooner; and

(3) provide the following information in the notice:

(A) The intended new residence, including the:

(i) address; and

(ii) mailing address of the relocating individual, if the mailing address is different than the address under item (i).

(B) All telephone numbers for the relocating individual.

(C) The date that the relocating individual intends to move.

(D) A brief statement of the specific reasons for the proposed relocation of the child.

(E) A statement that the relocating individual either does or does not believe that a revision of parenting time or grandparent visitation is necessary.

(F) A statement that a nonrelocating parent must file a response regarding the relocation of the child with the court not later than twenty (20) days after service of the notice.

(G) The following statements:

(i) A statement that a party may file a petition requesting an order to prevent the temporary or permanent relocation of a child.

(ii) A statement that a nonrelocating individual may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order.

(H) A statement that all existing orders for custody, parenting time, grandparent visitation, and child support remain in effect until modified by the court.

As added by P.L.50-2006, SEC.7. Amended by P.L.1-2007, SEC.194; P.L.186-2019, SEC.12.

IC 31-17-2.2-4Risk or harm in disclosing information Sec. 4. If a court finds that disclosure of the information required under IC 31-14-13-10.2 or section 0.5 or 3 of this chapter creates a significant risk of substantial harm to the individual required to provide the disclosure or to the child, the court may order:

(1) that the address, the telephone number, or other identifying information of the individual or child not be shared with other individuals or disclosed in the pleadings, other documents filed in the proceeding, or the final order;

(2) that the information required under section 3 of this chapter be maintained by the clerk of the court in a secure location separate from the pending case file;

(3) that the notice requirements under this chapter be waived to the extent necessary to protect the individual or child from significant risk of substantial harm; or

(4) other remedial action that the court considers necessary to facilitate the legitimate needs of the parties and the best interest of the child.

As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.13.

IC 31-17-2.2-5Response to request for relocation; required information; burden of proof; exceptions Sec. 5. (a) Except as provided in subsection (b), a nonrelocating parent shall file a response not more than twenty (20) days after the day the nonrelocating parent is served notice from the relocating individual under section 3 of this chapter. The nonrelocating parent's response must include one (1) of the following:

(1) A statement that the nonrelocating parent does not:

(A) object to the relocation of the child; and

(B) request the modification of any custody, parenting time, grandparent visitation, or child support order.

(2) The following:

(A) A statement that the nonrelocating parent does not object to the relocation of the child.

(B) A motion requesting the modification of a custody, parenting time, grandparent visitation, or child support order as a result of the relocation.

(C) A request for a hearing on the motion filed under clause (B).

(3) The following:

(A) A statement that the nonrelocating parent objects to the relocation of the child.

(B) A motion requesting:

(i) a temporary or permanent order to prevent the relocation of the child; and

(ii) the modification of a custody, parenting time, grandparent visitation, or child support order as a result of the relocation.

(C) A request for a hearing on the motion filed under clause (B).

(b) A nonrelocating parent is not required to file a response under subsection (a) if the parties have executed and filed with the court a written agreement resolving all issues related to custody, parenting time, grandparent visitation, and child support resulting from the relocation of the child. The agreement must include a child support worksheet to be signed by the parties and attached to the agreement, if the agreement results in a modification of support.

(c) A motion filed under subsection (a)(2) or (a)(3) must state whether the relocating individual and the nonrelocating parent have participated in mediation or another alternate dispute resolution process regarding the relocation of the child.

(d) On the request of either party, the court shall hold a full evidentiary hearing to allow or restrain the relocation of the child and to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order.

(e) The relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason.

(f) If the relocating individual meets the burden of proof under subsection (e), the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child.

(g) If the nonrelocating parent fails to file a response under subsection (a), the relocating individual may relocate to the new residence.

As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.14.

IC 31-17-2.2-6Temporary order to restrain or permit relocation Sec. 6. (a) If a nonrelocating parent files a motion under section 5(a)(3) of this chapter, the court, after notice and an opportunity to be heard or after compliance with Trial Rule 65(B), may grant a temporary order restraining the relocation of a child or order the child to be returned to the nonrelocating parent if the court finds:

(1) that the notice required under section 3 of this chapter was not served in a timely manner and the parties have not presented an agreement regarding the relocation of the child;

(2) that the child has been relocated without:

(A) the appropriate notice;

(B) an agreement between the parties; or

(C) a court order; or

(3) from an examination of the evidence presented at the temporary hearing, that there is a likelihood that, after a final hearing, the court will not approve the relocation of the child.

(b) The court may grant a temporary order permitting the relocation of the child pending a final hearing if the court:

(1) determines that the notice required under section 3 of this chapter was provided in a timely manner;

(2) issues orders that may be necessary for temporary custody, parenting time, support, and grandparent visitation with the child; and

(3) reviews the evidence presented at the temporary hearing and determines that there is a likelihood that, after the final hearing, the court will approve the relocation of the child.

(c) If the court issues a temporary order authorizing the relocation of the child in its final judgment, the court must consider factors:

(1) other than; or

(2) in addition to;

the temporary relocation of the child when issuing a final order.

As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.15.

IC 31-17-2.4Chapter 2.4. Mediation

31-17-2.4-1Factors in determination 31-17-2.4-2Docketing; extension; report

IC 31-17-2.4-1Factors in determination Sec. 1. Whenever the court issues an order under this article, other than an ex parte order, the court shall determine whether the proceeding should be referred to mediation. In making this determination, the court shall consider:

(1) the ability of the parties to pay for the mediation services; and

(2) whether mediation is appropriate in helping the parties resolve their disputes.

As added by P.L.199-1997, SEC.3.

IC 31-17-2.4-2Docketing; extension; report Sec. 2. When a case is ordered to mediation, the case shall be placed on the court docket for final hearing. The mediation process must be completed not later than sixty (60) days after the mediation order is entered. However, the sixty (60) day period may be extended by the court upon the court's own motion, upon agreement of the parties, or upon the recommendation of the mediator, but may not be extended beyond the date set for final hearing. Upon completion of the mediation process, the mediator shall promptly file the mediation report.

As added by P.L.199-1997, SEC.3.

IC 31-17-3Chapter 3. Repealed[Pre-1997 Recodification Citations:

31-17-3-1formerly 31-1-11.6-131-17-3-2formerly 31-1-11.6-231-17-3-3formerly 31-1-11.6-331-17-3-4formerly 31-1-11.6-431-17-3-5formerly 31-1-11.6-531-17-3-6formerly 31-1-11.6-631-17-3-7formerly 31-1-11.6-731-17-3-8formerly 31-1-11.6-831-17-3-9formerly 31-1-11.6-931-17-3-10formerly 31-1-11.6-1031-17-3-11formerly 31-1-11.6-1131-17-3-12formerly 31-1-11.6-1231-17-3-13formerly 31-1-11.6-1331-17-3-14formerly 31-1-11.6-1431-17-3-15formerly 31-1-11.6-1531-17-3-16formerly 31-1-11.6-1631-17-3-17formerly 31-1-11.6-1731-17-3-18formerly 31-1-11.6-1831-17-3-19formerly 31-1-11.6-1931-17-3-20formerly 31-1-11.6-2031-17-3-21formerly 31-1-11.6-2131-17-3-22formerly 31-1-11.6-2231-17-3-23formerly 31-1-11.6-2331-17-3-24formerly 31-1-11.6-2431-17-3-25formerly 31-1-11.6-25.]Repealed by P.L.138-2007, SEC.93.

IC 31-17-3.5Chapter 3.5. Security to Secure Custody and Parenting Time Orders

31-17-3.5-1Bonds; requirements 31-17-3.5-2Bonds; form 31-17-3.5-3Forfeiture; use of proceeds 31-17-3.5-4Forfeiture; excess proceeds

IC 31-17-3.5-1Bonds; requirements Sec. 1. A bond required under this article to secure enforcement of a custody order or parenting time order must:

(1) be in writing; and

(2) be secured by:

(A) at least one (1) resident freehold surety; or

(B) a commercial insurance company.

As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005, SEC.41.

IC 31-17-3.5-2Bonds; form Sec. 2. A bond described in section 1 of this chapter may be prepared in substantially the following form:

STATE OF INDIANA

) SS:

COUNTY OF ______________

IN THE MATTER OF:

Name of Parent (As the Principal)

Name of Parent (As the Obligee)

CHILD:

Name of Child

KNOW ALL MEN BY THESE PRESENTS, that we _________, as Principal, and _____, as Surety, are held and firmly bound unto _____, as Obligee, in the penal sum of ____ Dollars ($____), for the payment of which well and truly to be made we hereby bind ourselves and our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, an Order was duly made and entered by the above Court in the State of Indiana, County of ____, dated ____, defining custody, parenting time, and support rights regarding the named children.

NOW THEREFORE, the conditions of this obligation are such that:

1. No right of action on this bond shall be granted for the use or benefit of any individual, partnership, corporation, or other entity, other than the named Obligee.

2. It is agreed that neither this bond nor the obligation of this bond, nor any interest in this bond, may be assigned without the prior express written consent of the Surety.

3. Payment under this bond shall be conditioned upon the Obligee's, or the representative of the Obligee's, filing a motion with the court seeking a declaration of forfeiture of the bond and the Court's finding and entry of a final judgment ordering the Principal and Surety to make such payment. A certified copy of the filing shall be provided to the Surety at its address of record. The Surety shall make payment within thirty (30) days of receiving notification of the final judgment directly to a Trustee appointed by the Court who shall administer the funds in a fiduciary capacity.

4. The Surety shall not be liable hereunder for any amount larger than the face amount of this bond.

5. This bond and the obligation hereunder shall terminate and be of no further effect if the Court order requiring it is modified in any way without the Surety's consent, the Court order expires, or this cause is removed to another jurisdiction.

6. The Surety may file a motion with the Court for discharge of this bond and its obligation hereunder for any good cause. Good cause includes, but is not limited to, misrepresentation or fraud in the initial application for this bond, nonpayment of premium, loss of collateral, or resignation of the Indemnitor. The Surety shall give notice of any such motion to the Obligee.

NOW THEREFORE, if said Principal shall faithfully comply with the requirements and conditions of said Court Order within the limitations and parameters set forth therein, then this Obligation shall be void, otherwise it shall remain in full force and effect.

In witness whereof, each party to this bond has caused it to be executed at the place and on the date indicated below.

Signed, sealed and dated on this ____ day of ____, 20___.

Principal:

Surety:

________________________

________________________

(Name and address of Principal)

(Name and address of Surety)

________________________

________________________

(Signature of Principal)

(Countersigned by attorney-in-fact)

(Surety seal)

Witness:

As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005, SEC.42.

IC 31-17-3.5-3Forfeiture; use of proceeds Sec. 3. Upon forfeiture, the proceeds of security, a bond, or other guarantee ordered to secure enforcement of a custody order or parenting time order under this article may only be used to:

(1) reimburse the nonviolating party for actual costs or damages incurred in upholding the court's order;

(2) locate and return the child to the residence as set forth in the court's order; or

(3) reimburse reasonable fees and court costs to the court appointed trustee.

As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005, SEC.43.

IC 31-17-3.5-4Forfeiture; excess proceeds Sec. 4. Upon forfeiture, the proceeds of the security, a bond, or other guarantee ordered to secure enforcement of a custody order or parenting time order under this article that are not applied to the expenses described in section 3 of this chapter must be applied toward:

(1) the child's postsecondary education; or

(2) the support and maintenance of the child.

As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005, SEC.44; P.L.2-2007, SEC.363.

IC 31-17-4Chapter 4. Parenting Time Rights of Noncustodial Parent

31-17-4-1Parenting time rights; in chambers interview of child; rebuttable presumption for supervised parenting time 31-17-4-1.1"Disability"; parenting time 31-17-4-2Modification or denial; restriction of parenting time rights 31-17-4-2.5Security, bond, or guarantee 31-17-4-3Attorney's fees, court costs, and litigation expenses 31-17-4-4Permanent injunction against custodial parent 31-17-4-5Temporary restraining order against custodial parent 31-17-4-6Hearing 31-17-4-7Security 31-17-4-8Contempt 31-17-4-9Additional remedies 31-17-4-10Missed parenting time; parent in military 31-17-4-11Submissions to the court; court requests for information