§ 31-21-6-5 — Hearing to contest validity of a registered order

Indiana § 31-21-6-5

• Jurisdiction: Indiana
• Art. 21: UNIFORM CHILD CUSTODY JURISDICTION
• Ch. 6: Enforcement

Text

(a) A person seeking to contest the validity of
a registered order must request a hearing not more than twenty (20)
days after service of the notice. At the hearing, the court shall confirm
the registered order unless the person contesting the registration
establishes that:
(1) the issuing court did not have jurisdiction under IC 31-21-5;
(2) the child custody determination sought to be registered has
been:
(A) vacated;
(B) stayed; or
(C) modified;
by a court having jurisdiction to do so under IC 31-21-5; or
(3) the person contesting registration was entitled to notice, but
notice was not given in accordance with the standards of IC 31-21-3-3 in the proceedings before the court that issued the order
for which registration is sought.
(b) If a timely request for a hearing to contest the validity of the
registration is not made:
(1) the registration is confirmed as a matter of law; and
(2) the person requesting registration and each person served
must be notified of the confirmation.
(c) Confirmation of a registered order whether:
(1) by operation of law; or
(2) after notice and hearing;
precludes further contest of the order with respect to a matter that may
have been asserted at the time of registration.

Legislative History

As added by P.L.138-2007, SEC.45.