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.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 14. Family Law: Establishment of Paternity
Chapter 13. Custody Following Determination of Paternity
31-14-13-1. Sole Legal Custody in Biological Mother; Exceptions
31-14-13-2. Factors of Custody Determination
31-14-13-2.3. Joint Legal Custody; Finding Required for Award; Factors Considered in Making Award
31-14-13-2.5. Consideration of De Facto Custodian Factors
31-14-13-3. Interview of Child in Chambers
31-14-13-4. Authority of Custodial Parent to Determine Child's Upbringing
31-14-13-5. Supervision of Placement
31-14-13-6. Modification of Child Custody Order
31-14-13-6.1. Delegation of Parenting Time During Deployment; Automatically Terminates Upon Return
31-14-13-6.2. Military Duties, Expedited Hearing; Allow Evidence by Electronic Means
31-14-13-6.3. Parent's Active Duty Service Not a Factor; Temporary Modification of Custody
31-14-13-6.5. Security, Bond, or Guarantee
31-14-13-6.7. Security, Bond, or Guarantee; Determinations
31-14-13-7. Determination; Factors Considered
31-14-13-9. Custody Modification Proceeding; Admissible Evidence
31-14-13-10.2. Notice Requirements for Persons Seeking Rights With a Child
31-14-13-10.5. Mandatory Compliance for Nonrelocating and Relocating Individuals
31-14-13-11. Notice of Passport Application for Child
31-14-13-12. Submissions to the Court; Court Requests for Information