Sec. 13. (a) Except for a child who is under the care and supervision of the department, a petitioner for adoption may file a separate, ex parte, verified petition requesting temporary custody of a child sought to be adopted at the time of or any time after the filing of a petition for adoption. The petition for temporary custody must be signed by each petitioner for adoption.
(b) A court may grant a petition for temporary custody filed under subsection (a) if the court finds that:
(1) the petition for adoption is in proper form; and
(2) placing the child with the petitioner or petitioners for adoption pending the hearing on the petition for adoption is in the best interests of the child.
(c) If temporary custody is granted under this section, the petitioner or petitioners for adoption are legally and financially responsible for the child until otherwise ordered by the court.
(d) To the extent that a temporary custody order issued under this section conflicts with a custody order issued by any other court except a court having appellate jurisdiction over the child, a temporary order under this section controls.
(e) A:
(1) party to the adoption; or
(2) person who had:
(A) custody of; or
(B) parenting time or visitation with;
the child before a temporary custody order was issued under this section;
may file a petition to suspend, modify, or revoke the temporary custody order granted under this section.
(f) Upon receipt of a petition described in subsection (e), the court shall set the matter for hearing.
(g) The court may suspend, modify, or revoke the temporary custody order if the court determines suspension, modification, or revocation of the temporary custody order is in the best interests of the child.
As added by P.L.61-2003, SEC.2. Amended by P.L.145-2006, SEC.246; P.L.81-2014, SEC.1.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 19. Family Law: Adoption
Chapter 2. Filing of Petition for Adoption
31-19-2-1. Adoption of Adult; Petition; Venue; Consent; Investigation
31-19-2-1.1. Name Change by Lifetime Sex or Violent Offender
31-19-2-2. Adoption of Minor Child; Petition; Venue; Substituting Petitioner
31-19-2-4. Consent to Adoption by Petitioner's Spouse
31-19-2-5. Filing of Petition; Number of Copies; Verification
31-19-2-6. Contents of Petition; Additional Documents
31-19-2-7.3. Waiver of Criminal History Check Requirements Prohibited
31-19-2-7.5. Submission of Information, Forms, or Consents for Criminal History Check
31-19-2-7.6. Notification of Criminal Charge While Adoption Pending
31-19-2-8. Adoption History Fee; Putative Father Registry Fee
31-19-2-9. Deposit of Fees in Adoption History Fund
31-19-2-10. Notice of Filing of Petition; Examination, Correction, and Amendment of Form of Petition
31-19-2-11. Clerk's Examination of Form of Petition
31-19-2-12. Copies of Petition Forwarded to Licensed Child Placing Agency
31-19-2-13. Temporary Custody of Adopted Children