Introduced Version






SENATE BILL No. 479

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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.





Merritt




    January 11, 2007, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 115th General Assembly (2007)


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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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 by 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 child.
        (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.