2016 Indiana Code
TITLE 31. FAMILY LAW AND JUVENILE LAW
ARTICLE 21. UNIFORM CHILD CUSTODY JURISDICTION ACT
CHAPTER 2. DEFINITIONS
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IC 31-21-2
Chapter 2. Definitions
IC 31-21-2-1
Definitions application
Sec. 1. The definitions in this chapter apply throughout this
article.
As added by P.L.138-2007, SEC.45.
IC 31-21-2-2
"Abandoned"
Sec. 2. "Abandoned" means left without provision for reasonable
and 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 or
other 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 in
which legal custody, physical custody, or visitation with respect to
a 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 juvenile
delinquency, contractual emancipation, or enforcement of child
custody under IC 31-21-6.
Indiana Code 2016
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 in
a 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 to
establish, 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 the
commencement of a child custody proceeding. In the case of a child
less than six (6) months of age, the term means the state in which the
child lived since birth with a parent or person acting as a parent. A
period of temporary absence of the parent or person acting as a
parent 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 custody
determination 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 child
custody determination for which enforcement is sought under this
article.
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 custody
determination is made.
As added by P.L.138-2007, SEC.45.
IC 31-21-2-12
"Modification"
Indiana Code 2016
Sec. 12. "Modification" means a child custody determination that
changes, replaces, supersedes, or is otherwise made after a previous
determination concerning the same child, regardless of whether the
determination 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 business
trust, an estate, a trust, a partnership, a limited liability company, an
association, a joint venture, a government, a governmental
subdivision, an agency or instrumentality, a public corporation, or
any 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 a
parent, who:
(1) has physical custody of the child or has had physical
custody for a period of at least six (6) consecutive months,
including a temporary absence, within one (1) year immediately
before the commencement of a child custody proceeding; and
(2) has been awarded legal custody by a court or claims a right
to 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 Convention
on 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 and
supervision 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.
Indiana Code 2016
As added by P.L.138-2007, SEC.45.
IC 31-21-2-18
"Respondent"
Sec. 18. "Respondent" means a person against whom a proceeding
has been commenced for enforcement of:
(1) an order for return of a child under the Hague Convention
on 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 of
Columbia, Puerto Rico, the United States Virgin Islands, or a
territory or an insular possession subject to the jurisdiction of the
United 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 Native
village 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 authorizing
law enforcement officers to take physical custody of a child.
As added by P.L.138-2007, SEC.45.
Indiana Code 2016
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