§ 31-17-2-21.7 — Security, bond, or guarantee; determinations

Indiana § 31-17-2-21.7

• Jurisdiction: Indiana
• Art. 17: FAMILY LAW: CUSTODY AND VISITATION
• Ch. 2: Actions for Child Custody and Modification of Child

Text

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
(C) has indicated or threatened to take a child out of Indiana to
the other country.
(5) Whether a party has friends or family living outside Indiana.
(6) Whether a party does not have a financial reason to stay in
Indiana, such as whether the party is unemployed, able to work
anywhere, or is financially independent.
(7) Whether a party has engaged in planning that would facilitate
removal from Indiana, such as quitting a job, selling the party's
primary residence, terminating a lease, closing an account,
liquidating other assets, hiding or destroying documents, applying
for a passport, applying for a birth certificate, or applying for
school or medical records.
(8) Whether a party has a history of marital instability, a lack of
parental cooperation, domestic violence, or child abuse.
(9) Whether a party has a criminal record.
After considering evidence, the court shall issue a written
determination of security, bond, or other written guarantee supported
by findings of fact and conclusions of law.
(b) If a motion for change of judge or change of venue is filed, the
court may, before a determination of change of judge or change of
venue, consider security, bond, or other guarantee under this chapter.

Legislative History

As added by P.L.171-2001, SEC.12. Amended by P.L.68-2005, SEC.35.