Introduced Version






HOUSE BILL No. 1116

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-17-5.

Synopsis: Grandparent visitation. Provides that a child's grandparent may seek visitation when a parent or guardian of the child unreasonably refuses or restricts visitation.

Effective: July 1, 2005.





Cherry




    January 6, 2005, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1116



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-17-5-1; (05)IN1116.1.1. -->     SECTION 1. IC 31-17-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) A child's grandparent may seek visitation rights if:
        (1) the child's parent is deceased;
        (2) the marriage of the child's parents has been dissolved in Indiana; or
        (3) subject to subsection (b), the child was born out of wedlock; or
         (4) a parent or guardian of the child unreasonably:
            (A) refuses to allow; or
            (B) restricts;
        visitation by the grandparent.

    (b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.
SOURCE: IC 31-17-5-4; (05)IN1116.1.2. -->     SECTION 2. IC 31-17-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. A grandparent

seeking visitation rights shall file a petition requesting reasonable visitation rights:
        (1) in a circuit or superior court of the county in which the child resides in a case described in section 1(a)(1), 1(a)(3), (1)(a)(4), or 10 of this chapter; or
        (2) in the court having jurisdiction over the dissolution of the parents' marriage in a case described in section 1(a)(2) of this chapter.