Citations Affected: IC 9-24-15-6.7; IC 9-25-6; IC 10-16-7-22;
IC 12-17-2-35; IC 29-3-3-6; IC 31-9-2-133.5; IC 31-12; IC 31-14;
IC 31-15; IC 31-16-3.5; IC 31-17; IC 31-18; IC 31-35; IC 34-7-4-2;
IC 34-26-5-9; IC 35-42-3-4.
Synopsis: Parenting time. Replaces references to "visitation" with
"parenting time" in parental custody statutes. (The introduced version
of this bill was prepared by the child custody and support advisory
committee.)
Effective: July 1, 2004.
November 21, 2003, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
SECTION 1. IC 9-24-15-6.7, AS AMENDED BY P.L.117-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 6.7. (a) If a petitioner whose driving license or
permit is suspended under IC 9-25-6-19, IC 9-25-6-20, or IC 9-25-6-21
proves to the satisfaction of the court that public transportation is
unavailable for travel by the petitioner:
(1) to and from the petitioner's regular place of employment;
(2) in the course of the petitioner's regular employment;
(3) to and from the petitioner's place of worship; or
(4) to participate in visitation parenting time with the petitioner's
children consistent with a court order granting visitation;
parenting time;
the court may grant a petition for a restricted driving permit filed under
this chapter.
(b) A restricted driving permit issued by the bureau under this
section must specify that the restricted driving permit is valid only for
purposes of driving under the conditions described in subsection (a).
agency that the obligor (as defined in IC 12-17-2-2.5) either requested
a hearing under IC 12-17-2-35 and failed to appear or appeared and
was found to be delinquent, the bureau shall promptly mail a notice to
the obligor stating the following:
(1) That the obligor's driving privileges are suspended, beginning
twenty (20) business days after the date the notice is mailed, and
that the suspension will terminate after the bureau receives a
notice from the Title IV-D agency that the obligor has:
(A) paid the obligor's child support arrearage in full; or
(B) established a payment plan with the Title IV-D agency to
pay the arrearage and requested the activation of an income
withholding order under IC 31-16-15-2.
(2) Explains that the obligor may be granted a restricted driving
permit under IC 9-24-15-6.7 if the obligor can prove that public
transportation is unavailable for travel by the obligor:
(A) to and from the obligor's regular place of employment;
(B) in the course of the obligor's regular employment;
(C) to and from the obligor's place of worship; or
(D) to participate in visitation parenting time with the
petitioner's children consistent with a court order granting
visitation. parenting time.
(b) The bureau may not reinstate a driving license or permit
suspended under this section until the bureau receives a notice from the
Title IV-D agency that the obligor has:
(1) paid the obligor's child support arrearage in full; or
(2) established a payment plan with the Title IV-D agency to pay
the arrearage and requested the activation of an income
withholding order under IC 31-16-15-2.
(c) Unless an obligor whose driving license or permit is suspended
under this section has been issued a restricted driving permit under
IC 9-24-15 as a result of a suspension under this section, an obligor
who operates a motor vehicle in violation of the section commits a
Class A infraction.
SECTION 4. IC 10-16-7-22, AS ADDED BY P.L.2-2003,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 22. If a member of the Indiana national guard or
a member of a reserve component of the armed forces of the United
States:
(1) is a noncustodial parent (as defined in IC 31-9-2-83);
(2) misses visitation parenting time as provided in an order
issued under IC 31-14-14 or IC 31-17-4 due to participating in an
activity required under this chapter; and
driving privileges be suspended under further order of the Title
IV-D agency.
(2) If the obligor who is the subject of the order does not hold a
driving license or permit on the date the order is issued, that the
bureau of motor vehicles may not issue a driving license or permit
to the obligor until the bureau of motor vehicles receives a further
order from the Title IV-D agency.
(g) A restricted driving permit issued by the bureau of motor
vehicles under this section must specify that the restricted driving
permit is valid only for purposes of driving under the conditions
described in subsection (d).
(h) Unless a person whose driving license or permit is suspended
under this chapter has been issued a restricted driving permit under this
section as a result of a suspension under this chapter, a person who
operates a motor vehicle in violation of this section commits a Class A
infraction.
SECTION 6. IC 29-3-3-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 6. (a) The surviving parent of a
minor does not have the right to custody of the minor without a
proceeding authorized by law if the parent was not granted custody of
the minor in a dissolution of marriage decree and the conditions
specified in this section exist.
(b) If:
(1) the surviving parent, at the time of the custodial parent's death,
had required supervision during visiting parenting time
privileges granted under a dissolution of marriage decree
involving the minor; or
(2) the surviving parent's visiting parenting time privileges with
the minor had been suspended at the time of the death of the
custodial parent;
the court on petition by any person, including a temporary custodian
named under IC 31-17-2-11 (or IC 31-1-11.5-27 before its repeal), or
on the court's own motion, may appoint a temporary guardian for the
minor for a specified period not to exceed sixty (60) days.
(c) If a petition is filed under this section, a court shall appoint a
guardian ad litem (as defined in IC 31-9-2-51) IC 31-9-2-50) or a court
appointed special advocate (as defined in IC 31-9-2-29) for the child.
A guardian ad litem or court appointed special advocate appointed
under this section serves until removed by the court.
(d) If a temporary guardian is appointed without notice and the
minor files a petition that the guardianship be terminated or the court
order modified, the court shall hold a hearing and make a determination
on the petition at the earliest possible time.
(e) A temporary guardian appointed under this section has only the
responsibilities and powers that are ordered by the court.
(f) A proceeding under this section may be joined with a proceeding
under IC 29-3-4 or IC 29-3-5.
(g) The court shall appoint a guardian under this article if the court
finds that the surviving parent is not entitled to the right of custody of
the minor.
SECTION 7. IC 31-9-2-133.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 133.5. "Parenting time" means
the time set aside by a court order for a parent and child to spend
together.
SECTION 8. IC 31-12-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. A domestic
relations counselor shall, when directed by the judge of any domestic
relations court, perform the following duties in domestic relations cases
and such other duties as the judge of the domestic relations court
assigns to the counselor:
(1) The domestic relations counselor shall promptly receive all
requests for counseling services for the purpose of disposing of
the requests under this chapter.
(2) Whenever a petition is filed and either party requests
counseling, the domestic relations counselor shall, in the
counselor's discretion:
(A) interview and counsel each plaintiff and, if feasible and
desirable, each defendant; or
(B) confer with both jointly;
for the purpose of reconciling the differences between the parties
and making recommendations to the judge of the domestic
relations court.
(3) In each case assigned to the domestic relations court in which
the custody, support, or welfare of a child is involved, in order to
protect and conserve the interest of the child, the domestic
relations counselor shall investigate and report upon:
(A) the status and condition of the parties to the cause;
(B) the status and condition of the child;
(C) the provisions made or to be made for the protection of the
welfare of the child; and
(D) any other matter pertaining to the marriage that may affect
the welfare of the child.
(4) Upon request of the domestic relations court judge, the
counselor shall:
(A) make post-dissolution studies of problems arising in
connection with child custody, support, and visitation;
parenting time;
(B) provide assistance to the parties in the enforcement of
support orders; and
(C) cause reports to be made and statistics to be compiled,
which records and reports shall be kept as the judge of the
domestic relations court may direct.
(5) The counselor shall provide such supervision in connection
with the exercise of the jurisdiction of the domestic relations court
as the judge may order.
SECTION 9. IC 31-12-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. The domestic
relations counseling bureau shall perform the following duties in
domestic relations cases and such other duties as the judges described
in section 1(1) of this chapter, the judge described in section 1(2) of
this chapter, or a magistrate assigns to the domestic relations
counseling bureau:
(1) The domestic relations counseling bureau shall promptly
receive all requests for counseling services for the purpose of
disposing of the requests under this chapter.
(2) Whenever a proceeding is initiated and either party requests
counseling or mediation, the domestic relations counseling bureau
shall, in the bureau's discretion, interview and counsel each party
or confer with both parties jointly for the purpose of reconciling
the differences between the parties and making recommendations
to the judge of any court upon referral.
(3) In each case assigned to the bureau in which the custody,
support, or welfare of a child is involved, to protect and conserve
the interest of the child, the domestic relations counseling bureau
shall investigate and report upon:
(A) the status and condition of the parties to the cause;
(B) the status and condition of the child;
(C) the provisions made or to be made for the protection of the
welfare of the child; and
(D) any other matter pertaining to the marriage that may affect
the welfare of the child.
(4) Upon order of the judges described in section 1(1) of this
chapter or the judge described in section 1(2) of this chapter, the
domestic relations counseling bureau shall:
(A) make post-divorce studies of problems arising in
connection with child custody, support, and visitation;
parenting time;
(B) provide assistance to the parties in the enforcement of
support orders; and
(C) cause reports to be made and statistics to be compiled,
which records and reports shall be kept as the judges described
in section 1(1) of this chapter or the judge described in section
1(2) of this chapter directs.
(5) The domestic relations counseling bureau shall provide
supervision in connection with referred cases or other cases as the
judges described in section 1(1) of this chapter or the judge
described in section 1(2) of this chapter may order.
SECTION 10. IC 31-14-1.5-1, AS ADDED BY P.L.171-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 1. A bond required under this article to secure the
obligation of child support, enforcement of a custody order, or
enforcement of a visitation parenting time order must:
(1) be in writing; and
(2) be secured by:
(A) at least one (1) resident freehold surety; or
(B) a commercial insurance company.
SECTION 11. IC 31-14-1.5-2, AS ADDED BY P.L.171-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. A bond described in section 1 of this chapter
may be prepared in substantially the following form:
STATE OF INDIANA )
) SS:
COUNTY OF _________________ )
)
)
IN THE MATTER OF:
)
)
Name of Parent (As the Principal)
)
Name of Parent (As the Obligee)
)
)
CHILD:
)
Name of Child
)
requirements and conditions of the Court Order within the limitations
and parameters set forth therein, then this Obligation shall be void,
otherwise it shall remain in full force and effect.
In witness whereof, each party to this bond has caused it to be
executed at the place and on the date indicated below.
Signed, sealed and dated on this ____ day of ____, 20___.
Principal: Surety:
_______ _______
(Name and address of Principal)
(Name and address of Surety)
_______ _______
(Signature of Principal)
(Countersigned by attorney-in-fact)
(Surety seal)
Witness:
SECTION 12. IC 31-14-1.5-3, AS ADDED BY P.L.171-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. Upon forfeiture, the proceeds of the security, a
bond, or other guarantee ordered to secure the obligation of child
support, enforcement of a custody order, or enforcement of a visitation
parenting time order under this article may only be used to:
(1) reimburse the nonviolating party for actual costs or damages
incurred in upholding the court's order;
(2) locate and return the child to the residence as set forth in the
court's order, if the security, bond, or guarantee covers custody or
visitation, parenting time, or both; or
(3) reimburse reasonable fees and court costs to the court
appointed trustee.
SECTION 13. IC 31-14-1.5-4, AS ADDED BY P.L.171-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 4. Upon forfeiture, the proceeds of security, a
bond, or other guarantee ordered to secure the obligation of child
support, enforcement of a custody order, or enforcement of a visitation
parenting time order under this article that are not applied to the
expenses described in section 3 of this chapter must be applied toward:
(1) the child's higher education; or
(2) the support and maintenance of the child.
SECTION 14. IC 31-14-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. Upon finding that a
man is the child's biological father, the court shall, in the initial
determination, conduct a hearing to determine the issues of support,
custody, and visitation. parenting time. Upon the request of any party
or on the court's own motion, the court may order a probation officer or
caseworker to prepare a report to assist the court in determining these
matters.
SECTION 15. IC 31-14-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. The court may make
findings and orders without holding the hearing required by section 1
of this chapter if:
(1) the mother and the alleged father execute and file with the
court a verified written stipulation; or
(2) the parties have filed a joint petition;
resolving the issues of custody, child support, and visitation. parenting
time. The court shall incorporate provisions of the written stipulation
or joint petition into orders entered under this section.
SECTION 16. IC 31-14-13-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. The court may order
the probation department, the county office of family and children, or
any licensed child placing agency to supervise the placement to ensure
that the custodial or visitation parenting time terms of the decree are
carried out if:
(1) both parents or the child request supervision; or
(2) the court finds that without supervision the child's physical
health and well-being would be endangered or the child's
emotional development would be significantly impaired.
SECTION 17. IC 31-14-13-6.7, AS ADDED BY P.L.171-2001,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 6.7. (a) The court shall consider requiring
security, a bond, or another guarantee under section 6.5 of this chapter
if the court makes a finding under subdivision (1), (2), (4), or (7) by
clear and convincing evidence. If the court makes a finding under
subdivisions subdivision (1), (2), (4), or (7), the court shall also
consider subdivisions (3), (5), (6), (8), and (9) in determining the
amount of security, bond, or other guarantee. In making a
determination under this section, the court shall consider the following:
(1) Whether a party has previously taken a child out of Indiana or
another state in violation of a custody, parenting time, or
visitation order.
(2) Whether a party has previously threatened to take a child out
of Indiana or another state in violation of a custody, parenting
time, or visitation order.
(3) Whether a party has strong ties to Indiana.
(4) Whether a party:
(A) is a citizen of another country;
JULY 1, 2004]: Sec. 4. A noncustodial parent who misses visitation
parenting time as the result of participation in an activity of:
(1) the Indiana National Guard; or
(2) a reserve component of the armed forces of the United States;
may make up the lost visitation parenting time as provided in
IC 10-16-7-22.
SECTION 22. IC 31-14-14-5, AS AMENDED BY P.L.133-2002,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 5. (a) This section applies if a court finds that a
noncustodial parent has been convicted of a crime involving domestic
or family violence that was witnessed or heard by the noncustodial
parent's child.
(b) There is created a rebuttable presumption that the court shall
order that the noncustodial parent's visitation parenting time with the
child must be supervised:
(1) for at least one (1) year and not more than two (2) years
immediately following the crime involving domestic or family
violence; or
(2) until the child becomes emancipated;
whichever occurs first.
SECTION 23. IC 31-14-15-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. A noncustodial
parent who:
(1) has been granted visitation parenting time rights with a child
who lives with the custodial parent;
(2) regularly pays support ordered by a court for the child; and
(3) is barred by a custodial parent from exercising visitation
parenting time rights ordered for the noncustodial parent and the
child;
may file, in the court that has jurisdiction over the paternity action, an
application for a permanent injunction against the custodial parent
under Rule 65 of the Indiana Rules of Trial Procedure.
SECTION 24. IC 31-14-15-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. (a) If:
(1) an application for an injunction is filed under this chapter (or
IC 31-6-6.1-12.1 before its repeal); and
(2) the noncustodial parent submits an affidavit as described in
subsection (b);
the court may grant, without notice, a temporary restraining order
restraining the custodial parent from further violation of the visitation
parenting time order.
(b) In the affidavit, the noncustodial parent shall state under
penalties for perjury:
(1) that the noncustodial parent has been granted visitation
parenting time rights with the child; and
(2) that the noncustodial parent regularly pays the support ordered
by a court for the child.
(c) The court shall hold a hearing upon the restraining order at the
earliest convenience of the court.
SECTION 25. IC 31-14-15-4, AS AMENDED BY P.L.32-2000,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 4. A court that finds a violation without justifiable
cause by a custodial parent of an injunction or a temporary restraining
order issued under this chapter (or IC 31-6-6.1-12.1 before its repeal):
(1) shall find the custodial parent in contempt of court;
(2) shall order the exercise of visitation parenting time that was
not exercised due to the violation under this section (or
IC 31-6-6.1-12.1(e) before its repeal) at a time the court considers
compatible with the schedules of the noncustodial parent and the
child;
(3) may order payment by the custodial parent of reasonable
attorney's fees, costs, and expenses to the noncustodial parent;
and
(4) may order the custodial parent to perform community
restitution or service without compensation in a manner specified
by the court.
SECTION 26. IC 31-15-4-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. The filing by either
party of a motion for change of venue or change from the judge during
the period before the court makes a determination under section 6 of
this chapter does not divest the court of jurisdiction to:
(1) hear evidence upon the petition;
(2) set an amount of temporary child support;
(3) determine temporary custody; or
(4) order appropriate visitation. parenting time.
SECTION 27. IC 31-15-4-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 12. If the court grants
a change of venue or change from the judge after the preliminary order
of support, custody, or visitation parenting time is issued, either party
may:
(1) file a petition for a subsequent preliminary hearing on the
issue of temporary child support, temporary custody, or visitation;
parenting time;
(2) seek relief from the original order; and
receives temporary custody of a child upon the death of the child's
custodial parent.
(c) Upon the death of a custodial parent, a temporary custodian
named by a court under this section may petition the court having
probate jurisdiction over the estate of the child's custodial parent for an
order under IC 29-3-3-6 naming the temporary custodian as the
temporary guardian of the child.
SECTION 33. IC 31-17-2-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 18. If both parents or
all contestants agree to the order or if the court finds that, in the
absence of the order, the child's physical health might be endangered
or the child's emotional development significantly impaired, the court
may order:
(1) the court social service agency;
(2) the staff of the juvenile court;
(3) the local probation department;
(4) the county office of family and children; or
(5) a private agency employed by the court for that purpose;
to exercise continuing supervision over the case to assure that the
custodial or visitation parenting time terms of the decree are carried
out.
SECTION 34. IC 31-17-2-21.7, AS ADDED BY P.L.171-2001,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 21.7. (a) The court shall consider requiring
security, a bond, or another guarantee under section 21.5 of this chapter
if the court makes a finding under subdivision (1), (2), (4), or (7) by
clear and convincing evidence. If the court makes a finding under
subdivision (1), (2), (4), or (7), the court shall also consider
subdivisions (3), (5), (6), (8), and (9) in determining the amount of
security, bond, or other guarantee. In making a determination under this
section, the court shall consider the following:
(1) Whether a party has previously taken a child out of Indiana or
another state in violation of a custody, parenting time, or
visitation order.
(2) Whether a party has previously threatened to take a child out
of Indiana or another state in violation of a custody, parenting
time, or visitation order.
(3) Whether a party has strong ties to Indiana.
(4) Whether a party:
(A) is a citizen of another country;
(B) has strong emotional or cultural ties to the other country;
and
attorney's fees.
SECTION 36. IC 31-17-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. Definitions. As used
in this chapter:
(1) "contestant" means a person, including a parent, who claims
a right to custody, or visitation parenting time rights with respect
to a child;
(2) "custody determination" means a court decision and court
orders and instructions providing for the custody of a child,
including visitation parenting time rights; it does not include a
decision relating to child support or any other monetary obligation
of any person;
(3) "custody proceeding" includes proceedings in which a custody
determination is one of several issues, such as an action for
dissolution of marriage, but does not include child in need of
services proceedings;
(4) "decree" or "custody decree" means a custody determination
contained in a judicial decree or order made in a custody
proceeding, and includes an initial decree and a modification
decree;
(5) "home state" means the state in which the child, immediately
preceding the time involved, lived with his parents, a parent, or a
person acting as parent, for at least six (6) consecutive months,
and in the case of a child less than six (6) months old the state in
which the child lived from birth with any of the persons
mentioned. Periods of temporary absence of any of the named
persons are counted as part of the six (6) month or other period;
(6) "initial decree" means the first custody decree concerning a
particular child;
(7) "modification decree" means a custody decree which modifies
or replaces a prior decree, whether made by the court which
rendered the prior decree or by another court;
(8) "physical custody" means actual possession and control of a
child;
(9) "person acting as parent" means a person, other than a parent,
who has physical custody of a child and who has either been
awarded custody by a court or claims a right to custody; and
(10) "state" means any state, territory, or possession of the United
States, the Commonwealth of Puerto Rico, and the District of
Columbia.
SECTION 37. IC 31-17-3-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 8. Denial of
Jurisdiction. (a) If the petitioner for an initial decree has wrongfully
taken the child from another state or has engaged in similar
reprehensible conduct the court may decline to exercise jurisdiction if
this is just and proper under the circumstances.
(b) Unless required in the interest of the child, the court shall not
exercise its jurisdiction to modify a custody decree of another state if
the petitioner, without consent of the person entitled to custody, has
improperly removed the child from the physical custody of the person
entitled to custody or has improperly retained the child after a visit
parenting time or other temporary relinquishment of physical custody.
If the petitioner has violated any other provision of a custody decree of
another state the court may decline to exercise its jurisdiction if this is
just and proper under the circumstances.
(c) In appropriate cases a court dismissing a petition under this
section may charge the petitioner with necessary travel and other
expenses, including attorneys' fees, incurred by other parties or their
witnesses.
SECTION 38. IC 31-17-3-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 9. (a) Every party in a
custody proceeding, other than an action for dissolution of marriage, in
his first pleading or in an affidavit attached to that pleading shall give
information under oath as to the child's present address, the places
where the child has lived within the last five (5) years, and the names
and present addresses of the persons with whom the child has lived
during that period. In this pleading or affidavit every party shall further
declare under oath whether:
(1) he has participated (as a party, witness, or in any other
capacity) in any other litigation concerning the custody of the
same child in this or any other state;
(2) he has information of any custody proceeding concerning the
child pending in a court of this or any other state; and
(3) he knows of any person not a party to the proceedings who has
physical custody of the child or claims to have custody, or
visitation parenting time rights with respect to the child.
(b) If the declaration as to any of the above items is in the
affirmative the declarant shall give additional information under oath
as required by the court. The court may examine the parties under oath
as to details of the information furnished and as to other matters
pertinent to the court's jurisdiction and the disposition of the case.
(c) Each party has a continuing duty to inform the court of any
custody proceeding concerning the child in this or any other state of
which he obtained information during this proceeding.
Principal, and _____, as Surety, are held and firmly bound unto _____,
as Obligee, in the penal sum of ____ Dollars ($____), for the payment
of which well and truly to be made we hereby bind ourselves and our
heirs, administrators, successors, and assigns, jointly and severally,
firmly by these presents.
WHEREAS, an Order was duly made and entered by the above
Court in the State of Indiana, County of ____, dated ____, defining
custody, visitation, parenting time, and support rights regarding the
named children.
NOW THEREFORE, the conditions of this obligation are such that:
1. No right of action on this bond shall be granted for the use
or benefit of any individual, partnership, corporation, or
other entity, other than the named Obligee.
2. It is agreed that neither this bond nor the obligation of this
bond, nor any interest in this bond, may be assigned without
the prior express written consent of the Surety.
3. Payment under this bond shall be conditioned upon the
Obligee's, or the representative of the Obligee's, filing a
motion with the court seeking a declaration of forfeiture of
the bond and the Court's finding and entry of a final
judgment ordering the Principal and Surety to make such
payment. A certified copy of the filing shall be provided to
the Surety at its address of record. The Surety shall make
payment within thirty (30) days of receiving notification of
the final judgment directly to a Trustee appointed by the
Court who shall administer the funds in a fiduciary capacity.
4. The Surety shall not be liable hereunder for any amount
larger than the face amount of this bond.
5. This bond and the obligation hereunder shall terminate and
be of no further effect if the Court order requiring it is
modified in any way without the Surety's consent, the Court
order expires, or this cause is removed to another
jurisdiction.
6. The Surety may file a motion with the Court for discharge of
this bond and its obligation hereunder for any good cause.
Good cause includes, but is not limited to, misrepresentation
or fraud in the initial application for this bond, nonpayment
of premium, loss of collateral, or resignation of the
Indemnitor. The Surety shall give notice of any such motion
to the Obligee.
NOW THEREFORE, if said Principal shall faithfully comply with
the requirements and conditions of said Court Order within the
limitations and parameters set forth therein, then this Obligation shall
be void, otherwise it shall remain in full force and effect.
In witness whereof, each party to this bond has caused it to be
executed at the place and on the date indicated below.
Signed, sealed and dated on this ____ day of ____, 20___.
Principal: Surety:
_______ _______
(Name and address of Principal)
(Name and address of Surety)
_______ _______
(Signature of Principal)
(Countersigned by attorney-in-fact)
(Surety seal)
Witness:
SECTION 42. IC 31-17-3.5-3, AS ADDED BY P.L.171-2001,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. Upon forfeiture, the proceeds of security, a
bond, or other guarantee ordered to secure enforcement of a custody
order or visitation parenting time order under this article may only be
used to:
(1) reimburse the nonviolating party for actual costs or damages
incurred in upholding the court's order;
(2) locate and return the child to the residence as set forth in the
court's order; or
(3) reimburse reasonable fees and court costs to the court
appointed trustee.
SECTION 43. IC 31-17-3.5-4, AS ADDED BY P.L.171-2001,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 4. Upon forfeiture, the proceeds of the security, a
bond, or other guarantee ordered to secure enforcement of a custody
order or visitation parenting time order under this article that are not
applied to the expenses described in section 3 of this chapter must be
applied toward:
(1) the child's higher education; or
(2) the support and maintenance of the child.
SECTION 44. IC 31-17-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. A parent not granted
custody of the child is entitled to reasonable visitation parenting time
rights unless the court finds, after a hearing, that visitation parenting
time by the noncustodial parent might endanger the child's physical
health or significantly impair the child's emotional development.
SECTION 45. IC 31-17-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. The court may
modify an order granting or denying visitation parenting time rights
whenever modification would serve the best interests of the child.
However, the court shall not restrict a parent's visitation parenting
time rights unless the court finds that the visitation parenting time
might endanger the child's physical health or significantly impair the
child's emotional development.
SECTION 46. IC 31-17-4-2.5, AS ADDED BY P.L.171-2001,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2.5. The court may provide in:
(1) a visitation parenting time order; or
(2) a modification to a visitation parenting time order;
for the security, bond, or other guarantee that is satisfactory to the court
to secure enforcement of the provisions of the visitation parenting
time order.
SECTION 47. IC 31-17-4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. (a) In any action
filed to enforce or modify an order granting or denying visitation
parenting time rights, a court may award:
(1) reasonable attorney's fees;
(2) court costs; and
(3) other reasonable expenses of litigation.
(b) In determining whether to award reasonable attorney's fees,
court costs, and other reasonable expenses of litigation, the court may
consider among other factors:
(1) whether the petitioner substantially prevailed and whether the
court found that the respondent knowingly or intentionally
violated an order granting or denying rights; and
(2) whether the respondent substantially prevailed and the court
found that the action was frivolous or vexatious.
exercise continuing supervision over the child to assure that the
custodial or visitation parenting time terms of an order entered by the
court under IC 31-17-2 or IC 31-17-4 (or IC 31-1-11.5 before its
repeal) are carried out as required by the court.
SECTION 53. IC 31-18-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) When a
responding Indiana tribunal receives a petition or comparable pleading
from an initiating tribunal or directly under section 1(c) of this chapter,
the responding tribunal shall:
(1) file the petition or pleading; and
(2) notify the petitioner by first class mail of the location and date
that the petition or comparable pleading was filed.
(b) A responding Indiana tribunal, to the extent otherwise
authorized by law, may do one (1) or more of the following:
(1) Issue or enforce a support order, modify a child support order,
or enter a judgment to establish paternity.
(2) Order an obligor to comply with a support order, specifying
the amount and the manner of compliance.
(3) Order income withholding.
(4) Determine the amount of any arrearages and specify a method
of payment.
(5) Enforce orders by civil or criminal contempt, or both.
(6) Set aside property for satisfaction of the support order.
(7) Place liens and order execution on the obligor's property.
(8) Order an obligor to keep a tribunal informed of the obligor's
current:
(A) residential address;
(B) telephone number;
(C) income payor;
(D) address of employment; and
(E) telephone number at the place of employment.
(9) Issue a bench warrant or body attachment for an obligor who
has failed after proper notice to appear at a hearing ordered by the
tribunal, and enter the bench warrant in any local and state
computer systems for criminal warrants.
(10) Order the obligor to seek appropriate employment by
specified methods.
(11) Award reasonable attorney's fees and other fees and costs.
(12) As appropriate, grant any other available remedy under
federal or state law.
(c) A responding Indiana tribunal shall include in:
(1) a support order issued under this article; or
doing so;
(6) proceedings to terminate the parent-child relationship against
the will of the parents can be initiated only after:
(A) the child has been adjudicated a delinquent child or a child
in need of services and removed from their custody following
the adjudication; or
(B) a parent has been convicted and imprisoned for an offense
listed in IC 31-35-3-4 (or has been convicted and imprisoned
for an offense listed in IC 31-6-5-4.2(a) before its repeal), the
child has been removed from the custody of the parents under
a dispositional decree, and the child has been removed from
the custody of the parents for six (6) months under a court
order;
(7) the parents are entitled to representation by counsel, provided
by the state if necessary, throughout any proceedings to terminate
the parent-child relationship against the will of the parents; and
(8) the parents will receive notice of the hearing at which the
court will decide if their consent was voluntary, and the parents
may appear at the hearing and allege that the consent was not
voluntary.
SECTION 56. IC 31-35-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. (a) If the juvenile or
probate court terminates the parent-child relationship:
(1) all rights, powers, privileges, immunities, duties, and
obligations, including any rights to custody, control, visitation,
parenting time, or support, pertaining to the relationship, are
permanently terminated; and
(2) the parent's consent to the child's adoption is not required.
(b) Any support obligations that accrued before the termination are
not affected. However, the support payments shall be made under the
juvenile or probate court's order.
SECTION 57. IC 34-7-4-2, AS AMENDED BY P.L.2-2002,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. Statutes outside IC 34 providing causes of
action or procedures include the following:
(1) IC 4-21.5-5 (Judicial review of administrative agency actions).
(2) IC 22-3-4 (Worker's compensation administration and
procedures).
(3) IC 22-4-17 (Unemployment compensation system, employee's
claims for benefits).
(4) IC 22-4-32 (Unemployment compensation system, employer's
appeal process).
the residence, automobile, and other essential personal effects;
or
(B) supervise a petitioner's or respondent's removal of personal
belongings.
(6) Order other relief necessary to provide for the safety and
welfare of a petitioner and each designated family or household
member.
(c) A court may grant the following relief after notice and a hearing,
whether or not a respondent appears, in an order for protection or in a
modification of an order for protection:
(1) Grant the relief under subsection (b).
(2) Specify arrangements for visitation parenting time of a minor
child by a respondent and:
(A) require supervision by a third party; or
(B) deny visitation; parenting time;
if necessary to protect the safety of a petitioner or child.
(3) Order a respondent to:
(A) pay attorney's fees;
(B) pay rent or make payment on a mortgage on a petitioner's
residence;
(C) if the respondent is found to have a duty of support, pay
for the support of a petitioner and each minor child;
(D) reimburse a petitioner or other person for expenses related
to the domestic or family violence, including:
(i) medical expenses;
(ii) counseling;
(iii) shelter; and
(iv) repair or replacement of damaged property; or
(E) pay the costs and fees incurred by a petitioner in bringing
the action.
(4) Prohibit a respondent from using or possessing a firearm,
ammunition, or a deadly weapon specified by the court, and direct
the respondent to surrender to a specified law enforcement agency
the firearm, ammunition, or deadly weapon for the duration of the
order for protection unless another date is ordered by the court.
An order issued under subdivision (4) does not apply to a person who
is exempt under 18 U.S.C. 925.
(d) The court shall:
(1) cause the order for protection to be delivered to the county
sheriff for service;
(2) make reasonable efforts to ensure that the order for protection
is understood by a petitioner and a respondent if present;