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Ind. Code § 31-17-4-1

Parenting time rights; in chambers interview of child; rebuttable presumption for supervised parenting time

Applied in 12 court decisions — leading case Lasater v. Lasater (2004)

Most recently applied in In re: The Marriage of: Caleb Hazelett v. Hailey Hazelett (January 2019)

As added by P.L.1-1997, SEC.9

How often courts cite this section

199820002010201920
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 1. (a) Subject to subsections (d) and (e) and subject to section 1.1 of this chapter, a parent not granted custody of the child is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.

(b) The court may interview the child in chambers to assist the court in determining the child's perception of whether parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.

(c) The court may permit counsel to be present at the interview. If counsel is present:

(1) a record may be made of the interview; and

(2) the interview may be made part of the record for purposes of appeal.

(d) Except as provided in subsection (e), if a court grants parenting time rights to a person who has been convicted of:

(1) child molesting (IC 35-42-4-3); or

(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));

there is a rebuttable presumption that the parenting time with the child must be supervised.

(e) If a court grants parenting time rights to a person who has been convicted of:

(1) child molesting (IC 35-42-4-3); or

(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));

within the previous five (5) years, the court shall order that the parenting time with the child must be supervised.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.