Sec. 21.3. (a) A court may not consider a parent's absence or relocation due to active duty service as a factor in determining custody or permanently modifying a child custody order.
(b) If a court temporarily modifies a custody order due to a parent's active duty service, the order temporarily modifying the custody order terminates automatically not later than ten (10) days after the date the parent notifies the temporary custodian in writing that the parent has returned from active duty service. This subsection does not prevent a court from modifying a child custody order as provided under this article after a parent returns from active duty service.
As added by P.L.80-2010, SEC.45.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 17. Family Law: Custody and Visitation Rights
Chapter 2. Actions for Child Custody and Modification of Child Custody Orders
31-17-2-2. Application of Indiana Rules of Civil Procedure
31-17-2-3. Commencement of Proceeding
31-17-2-5. Responsive Pleading or Counter Petition
31-17-2-7. Court to Determine Law and Facts
31-17-2-8.1. "Disability"; Custody
31-17-2-8.5. Consideration of De Facto Custodian Factors
31-17-2-9. Court Interview of Child in Chambers
31-17-2-10. Professional Personnel; Court Consultation; Cross-Examination
31-17-2-11. Temporary Custodian
31-17-2-12. Investigation and Report Concerning Custodial Arrangements for Child
31-17-2-13. Joint Legal Custody; Finding Required for Award
31-17-2-14. Joint Legal Custody; Division of Physical Custody
31-17-2-15. Joint Legal Custody; Matters Considered in Making Award
31-17-2-16. Counseling for Child
31-17-2-17. Custodian May Determine Child's Upbringing
31-17-2-18. Continuing Supervision
31-17-2-19. Travel and Other Expenses of Witnesses
31-17-2-20. Confidentiality of Interview, Report, or Investigation
31-17-2-21. Modification of Child Custody Order
31-17-2-21.1. Delegation of Parenting Time During Deployment; Automatically Terminates Upon Return
31-17-2-21.2. Military Duties; Expedited Hearing; Allow Evidence by Electronic Means
31-17-2-21.3. Parent's Active Duty Service Not a Factor; Temporary Modification of Custody
31-17-2-21.5. Security, Bond, or Guarantee
31-17-2-21.7. Security, Bond, or Guarantee; Determinations
31-17-2-21.8. Parenting Time; Drug Testing
31-17-2-24. Notice of Passport Application for Child
31-17-2-25. Petition for Emergency Placement With Person Other Than Noncustodial Parent; Hearing
31-17-2-26. Submissions to the Court; Court Requests for Information