SENATE BILL No. 479
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-17-2-3.
Synopsis: Child custody proceedings. Requires: (1) a person, other
than a parent, filing for custody of a child to file a verified petition that
meets specific requirements; and (2) a court to dismiss the petition if
the person does not file the verified petition. Prohibits the court from
modifying a custodial arrangement pursuant to a petition by a person
other than a parent unless certain factors are met.
Effective: July 1, 2007.
January 11, 2007, read first time and referred to Committee on Judiciary.
First Regular Session 115th General Assembly (2007)
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between statutes enacted by the 2006 Regular Session of the General Assembly.
SENATE BILL No. 479
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 31-17-2-3; (07)IN0479.1.1. -->
SECTION 1. IC 31-17-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a)
A child custody
proceeding is commenced in the court by:
(1) a parent by filing a petition under IC 31-15-2-4, IC 31-15-3-4,
or IC 31-16-2-3; or
(2) subject to subsection (b),
a person other than a parent
filing a petition seeking a determination of custody of the child .
(b) A person who files a petition for a determination of custody
of a child under subsection (a)(2) shall file a verified petition that
specifies in detail the following:
(1) The name and address of the petitioner.
(2) The relationship, if any, that the petitioner has with the
(3) A description of:
(A) a significant risk of substantial harm to the child
created by the existing custody arrangement; or
(B) both of the following:
(i) The manner in which the child's basic needs are not
being met by the child's parent, guardian, or custodian.
(ii) Evidence that the child's parent, guardian, or
custodian is unfit.
(4) An explanation on how the requested custody
determination would substantially and significantly further
the best interests of the child.
(c) If a person fails to comply with subsection (b), the court shall
dismiss the petition.
(d) A court may not modify an existing custodial arrangement
pursuant to a petition filed under subsection (a)(2) unless the
petitioner proves by clear and convincing evidence that:
(1) placing the child with the petitioner is substantially and
significantly in the best interests of the child; and
(2) one (1) or both of the following exist:
(A) The current custodial arrangement poses a significant
risk of substantial harm to the child.
(B) The child's basic needs are not being met by the child's
parent, guardian or custodian, and the child's parent,
guardian, or custodian is unfit to be the child's parent,
guardian, or custodian.