§ 31-19-2-13 — Temporary custody of adopted children

(a) Except for a child who is under the care
and supervision of the department, a petitioner for adoption may file a
separate, ex parte, verified petition requesting temporary custody of a
child sought to be adopted at the time of or any time after the filing of
a petition for adoption. The petition for temporary custody must be
signed by each petitioner for adoption.
(b) A court may grant a petition for temporary custody filed under
subsection (a) if the court finds that:
(1) the petition for adoption is in proper form; and
(2) placing the child with the petitioner or petitioners for adoption
pending the hearing on the petition for adoption is in the best
interests of the child.
(c) If temporary custody is granted under this section, the petitioner
or petitioners for adoption are legally and financially responsible for
the child until otherwise ordered by the court.
(d) To the extent that a temporary custody order issued under this
section conflicts with a custody order issued by any other court except
a court having appellate jurisdiction over the child, a temporary order
under this section controls.
(e) A:
(1) party to the adoption; or
(2) person who had:
(A) custody of; or
(B) parenting time or visitation with;
the child before a temporary custody order was issued under this
section;
may file a petition to suspend, modify, or revoke the temporary custody
order granted under this section.
(f) Upon receipt of a petition described in subsection (e), the court
shall set the matter for hearing.
(g) The court may suspend, modify, or revoke the temporary custody
order if the court determines suspension, modification, or revocation
of the temporary custody order is in the best interests of the child.

Legislative History

As added by P.L.61-2003, SEC.2. Amended by P.L.145-2006, SEC.246; P.L.81-2014, SEC.1.