2014 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 14. FAMILY LAW: ESTABLISHMENT OF PATERNITY CHAPTER 14. PARENTING TIME FOLLOWING DETERMINATION OF PATERNITY
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IC 31-14-14
Chapter 14. Parenting Time Following Determination of
Paternity
IC 31-14-14-0.2
Application of certain amendments to prior law
Sec. 0.2. The amendments made to IC 31-6-6.1-12 (before its
repeal, now codified in this chapter) by P.L.270-1989 apply to
adoptions in which a final order is issued by a trial court after May 5,
1989.
As added by P.L.220-2011, SEC.497.
IC 31-14-14-1
Parenting time rights of noncustodial parent; in chambers
interview of child; rebuttable presumption for supervised
parenting time
Sec. 1. (a) A noncustodial parent is entitled to reasonable
parenting time rights unless the court finds, after a hearing, that
parenting time might:
(1) endanger the child's physical health and well-being; or
(2) significantly impair the child's emotional development.
(b) The court may interview the child in chambers to assist the
court in determining the child's perception of whether parenting time
by the noncustodial parent might endanger the child's physical health
or significantly impair the child's emotional development.
(c) In a hearing under subsection (a), there is a rebuttable
presumption that a person who has been convicted of:
(1) child molesting (IC 35-42-4-3); or
(2) child exploitation (IC 35-42-4-4(b));
might endanger the child's physical health and well-being or
significantly impair the child's emotional development.
(d) If a court grants parenting time rights to a person who has been
convicted of:
(1) child molesting (IC 35-42-4-3); or
(2) child exploitation (IC 35-42-4-4(b));
there is a rebuttable presumption that the parenting time with the
child must be supervised.
(e) The court may permit counsel to be present at the interview. If
counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of
appeal.
As added by P.L.1-1997, SEC.6. Amended by P.L.15-2004, SEC.1;
P.L.68-2005, SEC.19; P.L.95-2009, SEC.4.
IC 31-14-14-2
Modification or denial of parenting time
Sec. 2. The court may modify an order granting or denying
parenting time rights whenever modification would serve the best
interests of the child.
As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.20.
IC 31-14-14-2.5
Security, bond, or guarantee
Sec. 2.5. The court may provide in:
(1) a parenting time order; or
(2) a modification of a parenting time order;
for the security, bond, or other guarantee that is satisfactory to secure
enforcement of the parenting time order.
As added by P.L.171-2001, SEC.5. Amended by P.L.68-2005,
SEC.21.
IC 31-14-14-3
Grant or denial of visitation rights to noncustodial parent; effect on
visitation rights of grandparent
Sec. 3. An order granting or denying visitation rights to a
noncustodial parent does not affect visitation rights granted to a
grandparent under IC 31-17-5-1 or IC 31-17-5-10 (or IC 31-1-11.7-2
before its repeal).
As added by P.L.1-1997, SEC.6.
IC 31-14-14-4
Missed parenting time; noncustodial parent in military
Sec. 4. A noncustodial parent who misses parenting time as the
result of participation in an activity of:
(1) the Indiana National Guard; or
(2) a reserve component of the armed forces of the United
States;
may make up the lost parenting time as provided in IC 10-16-7-22.
As added by P.L.103-1997, SEC.3. Amended by P.L.2-2003, SEC.71;
P.L.68-2005, SEC.22.
IC 31-14-14-5
Supervised parenting time; conviction of crime involving domestic
or family violence; batterer's intervention program
Sec. 5. (a) This section applies if a court finds that a noncustodial
parent has been convicted of a crime involving domestic or family
violence that was witnessed or heard by the noncustodial parent's
child.
(b) There is created a rebuttable presumption that the court shall
order that the noncustodial parent's parenting time with the child must
be supervised:
(1) for at least one (1) year and not more than two (2) years
immediately following the crime involving domestic or family
violence; or
(2) until the child becomes emancipated;
whichever occurs first.
(c) As a condition of granting the noncustodial parent
unsupervised parenting time, the court may require the noncustodial
parent to complete a batterer's intervention program certified by the
Indiana coalition against domestic violence.
As added by P.L.188-1999, SEC.1. Amended by P.L.243-1999,
SEC.1; P.L.133-2002, SEC.25; P.L.68-2005, SEC.23; P.L.162-2011,
SEC.11.
IC 31-14-14-6
Submissions to the court; court requests for information
Sec. 6. (a) If a person files a petition to establish or modify
parenting time with a child, any person who:
(1) is a party to the parenting time proceeding; and
(2) has knowledge that:
(A) a party to the parenting time 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
parenting time 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 parenting
time 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.3.
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