HOUSE BILL No. 1290
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2; IC 31-17-5.
Synopsis: Grandparent visitation. Provides that a child's grandparent
may seek visitation rights when a parent or guardian of the child
unreasonably denies or restricts visitation. Eliminates current
conditions under which a grandparent may seek visitation rights.
Specifies the court in which a grandparent seeking visitation rights may
file a petition.
Effective: July 1, 2009.
January 13, 2009, read first time and referred to Committee on Courts and Criminal Code.
First Regular Session 116th General Assembly (2009)
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HOUSE BILL No. 1290
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 31-9-2-49; (09)IN1290.1.1. -->
SECTION 1. IC 31-9-2-49 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 49. "Guardian", for
purposes of the juvenile law and IC 31-17-5, means a person
appointed by a court to have the care and custody of a child or the
child's estate, or both.
SOURCE: IC 31-9-2-88; (09)IN1290.1.2. -->
SECTION 2. IC 31-9-2-88 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 88. "Parent", for
purposes of the juvenile law and IC 31-17-5, means a biological or an
adoptive parent. Unless otherwise specified, the term includes both
parents, regardless of their marital status.
SOURCE: IC 31-17-5-1; (09)IN1290.1.3. -->
SECTION 3. IC 31-17-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: 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
(3) subject to subsection (b), the child was born out of wedlock.
a parent or guardian of the child unreasonably:
(1) denies; or
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 31-17-5-3; (09)IN1290.1.4. -->
SECTION 4. IC 31-17-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 3. A proceeding for
grandparent's visitation must be commenced by the filing of a petition
entitled, "In Re the visitation of _________". The petition must:
(1) be filed by a grandparent entitled to receive visitation rights
under this chapter;
(2) be verified; and
(3) set forth the following:
(A) The names and relationship of:
(i) the petitioning grandparent or grandparents;
(ii) each child with whom visitation is sought; and
custodial parent or guardian of each child.
(B) The present address of each person named in clause (A).
(C) The date of birth of each child with whom visitation is
(D) The status under section 1 of this chapter upon which the
grandparent seeks visitation.
(E) The relief sought.
SOURCE: IC 31-17-5-4; (09)IN1290.1.5. -->
SECTION 5. IC 31-17-5-4, AS AMENDED BY P.L.50-2006,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. A grandparent seeking visitation rights shall
file a petition requesting reasonable visitation rights:
(1) except as provided in subdivision (2), in a circuit, superior,
or probate court of the county in which the child resides in a case
section 1(a)(1), 1(a)(3), section 1(a) or 10 of this
(2) in the court having jurisdiction over the dissolution of the
in a case described in section 1(a)(2) of this
chapter. if the marriage of the child's parents has been
dissolved in Indiana.
SOURCE: IC 31-17-5-5; (09)IN1290.1.6. -->
SECTION 6. IC 31-17-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. Whenever a petition
is filed, a copy of the petition, together with a copy of a summons, shall
be served upon the
custodial and noncustodial
parent or guardian of
each child with whom visitation is sought in the same manner as
service of summons in civil actions generally.