Introduced Version






SENATE BILL No. 99

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-9-2-49; 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 conditions in current law under which a grandparent is authorized to seek visitation rights. Specifies the court in which a grandparent seeking visitation rights may file a petition.

Effective: July 1, 2010.





Waterman




    January 5, 2010, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 116th General Assembly (2010)


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SENATE BILL No. 99



    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; (10)IN0099.1.1. -->     SECTION 1. IC 31-9-2-49 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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 31-17-5-1; (10)IN0099.1.2. -->     SECTION 2. IC 31-17-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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.
a parent or guardian of the child unreasonably:
        (1) denies; or
        (2) 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 31-17-5-3; (10)IN0099.1.3. -->     SECTION 3. IC 31-17-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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
                (iii) the 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 sought.
            (D) The status basis under section 1 of this chapter upon which the grandparent seeks visitation.
            (E) The relief sought.
SOURCE: IC 31-17-5-4; (10)IN0099.1.4. -->     SECTION 4. IC 31-17-5-4, AS AMENDED BY P.L.50-2006, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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 described in section 1(a)(1), 1(a)(3), section 1(a) 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. if the marriage of the child's parents has been dissolved in Indiana.
SOURCE: IC 31-17-5-5; (10)IN0099.1.5. -->     SECTION 5. IC 31-17-5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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.