§ 31-21-6-9 — Court duties after petition is filed

Indiana § 31-21-6-9

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

Text

(a) On the filing of a petition, the court:
(1) shall issue an order directing the respondent to appear in
person with or without the child at a hearing; and
(2) may enter an order necessary to ensure the safety of the parties
and the child.
The hearing must be held on the next judicial day after service of the
order unless holding the hearing on that date is impossible. In that
event, the court shall hold the hearing on the first judicial day possible.
The court may extend the date of hearing at the request of the
petitioner.
(b) An order issued under subsection (a) must state the time and
place of the hearing and advise the respondent that at the hearing the
court will order that the petitioner may take immediate physical
custody of the child and the payment of fees, costs, and expenses under
section 15 of this chapter and may schedule a hearing to determine
whether further relief is appropriate unless the respondent appears and
establishes that:
(1) the child custody determination has not been registered and
confirmed under sections 4 and 5 of this chapter and that:
(A) the issuing court did not have jurisdiction under IC 31-21-5;
(B) the child custody determination for which enforcement is
sought has been vacated, stayed, or modified by a court having
jurisdiction under IC 31-21-5; or
(C) the respondent 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
enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under sections 4 and 5 of
this chapter but has been vacated, stayed, or modified by a court
of a state having jurisdiction under IC 31-21-5.

Legislative History

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