§ 31-14-14-1 — Parenting time rights of noncustodial parent; in chambers interview of child; rebuttable presumption for supervised parenting time

Indiana § 31-14-14-1

• Jurisdiction: Indiana
• Art. 14: FAMILY LAW: ESTABLISHMENT OF
• Ch. 14: Parenting Time Following Determination of Paternity

Text

(a) A noncustodial parent is entitled to
reasonable parenting time rights unless the court finds, after a hearing,
that parenting time might:
(1) endanger the child's physical health and well-being; or
(2) 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) In a hearing under subsection (a), there is a rebuttable
presumption that 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));
might endanger the child's physical health and well-being or
significantly impair the child's emotional development.
(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.
(f) 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.
[Pre-1997 Recodification Citation: 31-6-6.1-12(a).]

Legislative History

As added by P.L.1-1997, SEC.6. Amended by P.L.15-2004, SEC.1; P.L.68-2005, SEC.19; P.L.95-2009, SEC.4; P.L.13-2016, SEC.8; P.L.223-2019, SEC.1.