§ 31-17-4-1 — Parenting time rights; in chambers interview of child; rebuttable presumption for supervised parenting time

Indiana § 31-17-4-1

• Jurisdiction: Indiana
• Art. 17: FAMILY LAW: CUSTODY AND VISITATION
• Ch. 4: Parenting Time Rights of Noncustodial Parent

Text

(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.
[Pre-1997 Recodification Citation: 31-1-11.5-24(a).]

Legislative History

As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004, SEC.2; P.L.68-2005, SEC.45; P.L.223-2019, SEC.3; P.L.146-2021, SEC.7.