Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Chapter 1. Applicability
31-21-1-1. Inapplicability - Sec. 1. This article does not apply to: (1) an...
31-21-1-2. Child Custody Determination Made by a Tribe - Sec. 2. (a) A child custody proceeding pertaining to an...
31-21-1-3. Child Custody Determination Made by a Foreign Country - Sec. 3. (a) An Indiana court shall treat a foreign...
Chapter 2. Definitions
31-21-2-1. Definitions Application - Sec. 1. The definitions in this chapter apply throughout this...
31-21-2-2. "Abandoned" - Sec. 2. "Abandoned" means left without provision for reasonable and...
31-21-2-3. "Child" - Sec. 3. "Child" means a person who is less than...
31-21-2-4. "Child Custody Determination" - Sec. 4. (a) "Child custody determination" means a judgment, decree,...
31-21-2-5. "Child Custody Proceeding" - Sec. 5. (a) "Child custody proceeding" means a proceeding in...
31-21-2-6. "Commencement" - Sec. 6. "Commencement" means the filing of the first pleading...
31-21-2-7. "Court" - Sec. 7. "Court" means an entity authorized by state law...
31-21-2-8. "Home State" - Sec. 8. "Home state" means the state in which a...
31-21-2-9. "Initial Determination" - Sec. 9. "Initial determination" means the first child custody determination...
31-21-2-10. "Issuing Court" - Sec. 10. "Issuing court" means the court that makes a...
31-21-2-11. "Issuing State" - Sec. 11. "Issuing state" means the state in which a...
31-21-2-12. "Modification" - Sec. 12. "Modification" means a child custody determination that changes,...
31-21-2-13. "Person" - Sec. 13. "Person" means an individual, a corporation, a business...
31-21-2-14. "Person Acting as a Parent" - Sec. 14. "Person acting as a parent" means a person,...
31-21-2-15. "Petitioner" - Sec. 15. "Petitioner" means a person who seeks enforcement of:...
31-21-2-16. "Physical Custody" - Sec. 16. "Physical custody" means the physical care and supervision...
31-21-2-17. "Record" - Sec. 17. "Record" means information that is: (1) inscribed on...
31-21-2-18. "Respondent" - Sec. 18. "Respondent" means a person against whom a proceeding...
31-21-2-19. "State" - Sec. 19. "State" means a state of the United States,...
31-21-2-20. "Tribe" - Sec. 20. "Tribe" means an Indian tribe or band or...
31-21-2-21. "Warrant" - Sec. 21. "Warrant" means an order issued by a court...
Chapter 3. Procedural Considerations
31-21-3-1. Binding Nature of Child Custody Determination - Sec. 1. A child custody determination made by an Indiana...
31-21-3-2. Question of Existence or Exercise of Jurisdiction Priority - Sec. 2. If a question of existence or exercise of...
31-21-3-3. Notice for Exercise of Jurisdiction to a Person Outside Indiana - Sec. 3. (a) Notice required for the exercise of jurisdiction...
31-21-3-4. Party to a Child Custody Proceeding Not Subject to Other Proceedings in Indiana - Sec. 4. A party to a child custody proceeding, including...
31-21-3-5. Persons Subject to Personal Jurisdiction Not Immune to Service of Process - Sec. 5. A person who is subject to personal jurisdiction...
31-21-3-6. Limited Immunity - Sec. 6. The immunity granted by section 4 of this...
Chapter 4. Communication and Cooperation Between Courts
31-21-4-1. Court Communication With a Court in Another State - Sec. 1. An Indiana court may communicate with a court...
31-21-4-2. Party Communication - Sec. 2. The court may allow the parties to participate...
31-21-4-3. Communication Between Courts - Sec. 3. Communication between courts regarding: (1) schedules; (2) calendars;...
31-21-4-4. Record of Communication - Sec. 4. A record must be made of a communication...
31-21-4-5. Testimony of a Witness Located in Another State - Sec. 5. In addition to other procedures available to a...
31-21-4-6. Depositions or Testimony of a Person Residing in Another State - Sec. 6. An Indiana court may permit a person residing...
31-21-4-7. Documentary Evidence From Another State - Sec. 7. Documentary evidence transmitted from another state to an...
31-21-4-8. Request by an Indiana Court to a Court in Another State - Sec. 8. An Indiana court may request the appropriate court...
31-21-4-9. Request by a Court in Another State to an Indiana Court - Sec. 9. On the request of a court of another...
31-21-4-10. Travel and Reasonable Expenses - Sec. 10. Travel and other necessary and reasonable expenses incurred...
31-21-4-11. Preservation of Court Records - Sec. 11. An Indiana court shall preserve the: (1) pleadings;...
Chapter 5. Jurisdiction
31-21-5-1. Jurisdiction Requirements - Sec. 1. (a) Except as otherwise provided in section 4...
31-21-5-2. Exclusive, Continuing Jurisdiction of Child Custody Cases - Sec. 2. (a) Except as otherwise provided in section 4...
31-21-5-3. Modification of a Child Custody Determination Made in Another State - Sec. 3. Except as provided in section 4 of this...
31-21-5-4. Temporary Emergency Jurisdiction; Child Custody Determinations; Communication With Other Courts - Sec. 4. (a) An Indiana court has temporary emergency jurisdiction...
31-21-5-5. Notice and Opportunity to Be Heard; Intervention and Joinder - Sec. 5. (a) Before a child custody determination is made...
31-21-5-6. Proceeding Commenced in Another State; Court Review of Documents - Sec. 6. (a) Except as otherwise provided in section 4...
31-21-5-7. Proceeding to Modify a Child Custody Determination; Proceeding Commenced in Another State - Sec. 7. In a proceeding to modify a child custody...
31-21-5-8. Court Declining Exercise of Jurisdiction - Sec. 8. (a) An Indiana court that has jurisdiction under...
31-21-5-9. Court Declining Exercise of Jurisdiction if Person Engaged in Unjustifiable Conduct; Exceptions; Remedies; Reasonable Expenses - Sec. 9. (a) Except as otherwise provided in section 4...
31-21-5-10. Information Required by Each Party in a Child Custody Proceeding - Sec. 10. (a) Subject to local law providing for the...
31-21-5-11. Additional Information Required by Each Party in a Child Custody Proceeding - Sec. 11. If the declaration as to any of the...
31-21-5-12. Continuous Duty to Inform - Sec. 12. Each party has a continuing duty to inform...
31-21-5-13. Information Required to Be Sealed - Sec. 13. If a party alleges in an affidavit or...
31-21-5-14. Order to Appear Before the Court - Sec. 14. (a) In a child custody proceeding in Indiana,...
Chapter 6. Enforcement
31-21-6-1. Order for the Return of a Child Made Under the Hague Convention on the Civil Aspects of International Child Abduction - Sec. 1. Under this chapter, an Indiana court may enforce...
31-21-6-2. Enforcement of a Child Custody Determination Made in Another State; Remedies - Sec. 2. (a) An Indiana court shall recognize and enforce...
31-21-6-3. Temporary Orders - Sec. 3. (a) An Indiana court that does not have...
31-21-6-4. Registry of Child Custody Determinations Made in Another State; Registering Court Duties; Notice Requirements - Sec. 4. (a) A child custody determination issued by a...
31-21-6-5. Hearing to Contest Validity of a Registered Order - Sec. 5. (a) A person seeking to contest the validity...
31-21-6-6. Enforcement of Registered Child Custody Determinations - Sec. 6. (a) An Indiana court may grant a relief...
31-21-6-7. Proceedings Pending in Another State - Sec. 7. If a proceeding for enforcement under this article...
31-21-6-8. Petition Verification Requirements - Sec. 8. (a) A petition under this article must be...
31-21-6-9. Court Duties After Petition Is Filed - Sec. 9. (a) On the filing of a petition, the...
31-21-6-10. Service of Petition - Sec. 10. Except as otherwise provided in section 13 or...
31-21-6-11. Orders Concerning Physical Custody of a Child - Sec. 11. Unless the court issues a temporary emergency order...
31-21-6-12. Fees, Costs, and Expenses; Request for Assistance of Law Enforcement; Additional Relief; Refusal to Testify; Spousal Privilege - Sec. 12. (a) The court: (1) shall award the fees,...
31-21-6-13. Application for Issuance of a Warrant to Take Physical Custody of a Child - Sec. 13. (a) On the filing of a petition seeking...
31-21-6-14. Information on a Warrant to Take Physical Custody of a Child - Sec. 14. (a) A warrant to take physical custody of...
31-21-6-15. Reasonable Expenses Awards - Sec. 15. (a) The court shall award the prevailing party,...
31-21-6-16. Full Faith and Credit to Out-of-State Orders - Sec. 16. An Indiana court shall accord full faith and...
31-21-6-17. Appeals - Sec. 17. An appeal may be taken from a final...
31-21-6-18. Proceeding to Locate a Child - Sec. 18. (a) In a case arising under this article...
31-21-6-19. Law Enforcement Officer Actions - Sec. 19. At the request of a prosecuting attorney or...
31-21-6-20. Assessment of Costs - Sec. 20. If the respondent is not the prevailing party,...
Chapter 7. Miscellaneous Provisions
31-21-7-1. Uniformity of the Law - Sec. 1. In applying and construing this article, consideration must...
31-21-7-2. Invalidity of Provisions - Sec. 2. If a provision of this article or its...
31-21-7-3. Request for Relief Prior to July 1, 2007 - Sec. 3. A motion or other request for relief made:...