Sec. 11. Unless the court issues a temporary emergency order under IC 31-21-5-4 on a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(1) the child custody determination has not been registered and confirmed under sections 4 and 5 of this chapter and that:
(A) the issuing court did not have jurisdiction under IC 31-21-5;
(B) the child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of IC 31-21-3-3 in the proceedings before the court that issued the order for which enforcement is sought; or
(2) the child custody determination for which enforcement is sought was registered and confirmed under sections 4 and 5 of this chapter but has been vacated, stayed, or modified by a court of a state having jurisdiction under IC 31-21-5.
As added by P.L.138-2007, SEC.45.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 21. Uniform Child Custody Jurisdiction Act
31-21-6-2. Enforcement of a Child Custody Determination Made in Another State; Remedies
31-21-6-5. Hearing to Contest Validity of a Registered Order
31-21-6-6. Enforcement of Registered Child Custody Determinations
31-21-6-7. Proceedings Pending in Another State
31-21-6-8. Petition Verification Requirements
31-21-6-9. Court Duties After Petition Is Filed
31-21-6-10. Service of Petition
31-21-6-11. Orders Concerning Physical Custody of a Child
31-21-6-13. Application for Issuance of a Warrant to Take Physical Custody of a Child
31-21-6-14. Information on a Warrant to Take Physical Custody of a Child
31-21-6-15. Reasonable Expenses Awards
31-21-6-16. Full Faith and Credit to Out-of-State Orders
31-21-6-18. Proceeding to Locate a Child