§ 31-30-1-12 — Jurisdiction of child custody, parenting time, or child support proceeding in marriage dissolution; survival of order

Indiana § 31-30-1-12

• Jurisdiction: Indiana
• Art. 30: JUVENILE LAW: JUVENILE COURT
• Ch. 1: Jurisdiction Generally

Text

(a) Subject to subsection (b), a court having
jurisdiction under IC 31-17-2 of a child custody, parenting time, or
child support proceeding in a marriage dissolution has concurrent
original jurisdiction with the juvenile court for the purpose of
modifying custody, parenting time, or child support of a child who is
under the jurisdiction of the juvenile court because:
(1) the child is the subject of a child in need of services
proceeding;
(2) the child is the subject of a juvenile delinquency proceeding
that does not involve an act described under IC 31-37-1-2; or
(3) the child is the subject of a paternity proceeding.
(b) Whenever the court having child custody jurisdiction under IC 31-17-2 in a marriage dissolution modifies child custody as provided
by this section, the modification is effective only when the juvenile
court having jurisdiction of the child in the child in need of services
proceeding or the juvenile delinquency proceeding:
(1) enters an order adopting and approving the child custody
modification; or
(2) terminates the child in need of services proceeding, the
juvenile delinquency proceeding, or the paternity proceeding.
(c) If, under this section, a juvenile court:
(1) modifies child custody, child support, or parenting time; and
(2) terminates a child in need of services proceeding or a juvenile
delinquency proceeding regarding the child;
the order modifying child custody, child support, or parenting time
survives the termination of the child in need of services proceeding or
the juvenile delinquency proceeding until the court having concurrent
original jurisdiction under subsection (a) assumes or reassumes
primary jurisdiction of the case to address all issues.
(d) A court that assumes or reassumes jurisdiction of a case under
subsection (c) may modify child custody, child support, or parenting
time in accordance with applicable modification statutes.

Legislative History

As added by P.L.164-1999, SEC.2. Amended by P.L.162-2011, SEC.41; P.L.183-2017, SEC.28.