§ 31-30-1-13 — Jurisdiction of child custody proceeding in paternity proceeding; paternity of child; survival of order

Indiana § 31-30-1-13

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

Text

(a) Subject to subsection (c), a court having
jurisdiction under IC 31-14 over establishment or modification of
paternity, child custody, parenting time, or child support in a paternity
proceeding has concurrent original jurisdiction with another juvenile
court for the purpose of establishing or modifying paternity, custody,
parenting time, or child support of a child who is under the jurisdiction
of the other juvenile court because:
(1) the child is the subject of a child in need of services
proceeding; or
(2) the child is the subject of a juvenile delinquency proceeding
that does not involve an act described under IC 31-37-1-2.
(b) Subject to subsection (d), a court having jurisdiction over a child
who is the subject of a child in need of services proceeding or juvenile
delinquency proceeding has concurrent jurisdiction with a court having
jurisdiction under IC 31-14 for the purpose of establishing or
modifying paternity, custody, parenting time, or child support of the
child.
(c) Whenever the court having child custody jurisdiction under IC 31-14 in a paternity proceeding modifies child custody as provided by
this section, the modification is effective only when the juvenile court
with jurisdiction over the child in need of services proceeding or
juvenile delinquency proceeding:
(1) enters an order adopting and approving the child custody
modification; or
(2) terminates the child in need of services proceeding or the
juvenile delinquency proceeding.
(d) If, under this section, a juvenile court:
(1) establishes or modifies paternity, custody, child support, or
parenting time of a child; and
(2) terminates a child in need of services proceeding or a juvenile
delinquency proceeding regarding the child;
the order establishing or modifying paternity, 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
other issues.
(e) A court that assumes or reassumes jurisdiction of a case under
subsection (d) 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.3. Amended by P.L.162-2011, SEC.42; P.L.183-2017, SEC.29; P.L.66-2023, SEC.2.