§ 31-19-11-5 — Dismissal of petition; gradual change of custody

(a) If the court dismisses a petition for
adoption, the court shall determine the person who should have custody
of the child.
(b) If the court determines that it is necessary to change the child's
custody to another person, regardless of the person's right to immediate
custody, the court may order a plan for a gradual change of custody to
ease the child's transition unless the gradual change of custody would:
(1) endanger the child's physical health; or
(2) significantly impair the child's emotional development.
(c) The court may do the following:
(1) Implement a change of custody under this section by gradually
increasing the child's visitation with each person who is entitled
to custody.
(2) Order counseling for the child and the persons involved in the
change of custody so that a plan for the gradual change of custody
may be developed and implemented.
(3) Consult with the counselor who assists the persons in
developing the plan to determine an order for the gradual change
of custody that meets the child's best interests.
[Pre-1997 Recodification Citation: 31-3-1-8(e).]

Legislative History

As added by P.L.1-1997, SEC.11.