Second Regular Session 114th General Assembly (2006)
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SENATE ENROLLED ACT No. 40
AN ACT to amend the Indiana Code concerning family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-9-2-48.3; (06)SE0040.1.1. -->
SECTION 1. IC 31-9-2-48.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 48.3. "Grandparent visitation", for purposes of
IC 31-17-2.2, means visitation rights granted to a grandparent
under IC 31-17-5.
SOURCE: IC 31-9-2-84.6; (06)SE0040.1.2. -->
SECTION 2. IC 31-9-2-84.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 84.6. "Nonrelocating individual", for purposes of
IC 31-14-13 and IC 31-17-2.2, means an individual who has, or has
filed an action seeking:
(1) custody of the child;
(2) parenting time with the child; or
(3) visitation with the child under IC 31-17-5.
SOURCE: IC 31-9-2-84.7; (06)SE0040.1.3. -->
SECTION 3. IC 31-9-2-84.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 84.7. "Nonrelocating parent", for purposes of
IC 31-17-2.2, means a parent of a child who has or is seeking:
(1) custody of the child; or
(2) parenting time with the child;
and does not intend to move the individual's principal residence.
SOURCE: IC 31-9-2-107.5; (06)SE0040.1.4. -->
SECTION 4. IC 31-9-2-107.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 107.5. "Relocating individual",
for purposes of IC 31-17-2.2, means an individual who has or is
seeking:
(1) custody of a child; or
(2) parenting time with a child;
and intends to move the individual's principal residence. The term
does not include an individual granted visitation rights under
IC 31-17-5.
SOURCE: IC 31-9-2-107.7; (06)SE0040.1.5. -->
SECTION 5. IC 31-9-2-107.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 107.7. "Relocation", for purposes
of IC 31-17-2.2, means a change in the primary residence of an
individual for a period of at least sixty (60) days.
SOURCE: IC 31-14-13-10; (06)SE0040.1.6. -->
SECTION 6. IC 31-14-13-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. If an individual
who has been awarded custody of or parenting time with a child
under this chapter this article (or IC 31-6-6.1-11 before its repeal)
intends to move to a the individual's residence, other than a residence
specified in the custody order that is outside Indiana or at least one
hundred (100) miles from the individual's county of residence, the
individual must:
(1) file a notice of that intent with the clerk of the court that
issued the custody or parenting time order; and
(2) send a copy of the notice to each noncustodial parent
nonrelocating individual in accordance with IC 31-17-2.2.
SOURCE: IC 31-17-2.2; (06)SE0040.1.7. -->
SECTION 7. IC 31-17-2.2 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]:
Chapter 2.2. Relocation
Sec. 1. (a) A relocating individual must file a notice of the intent
to move with the clerk of the court that:
(1) issued the custody order or parenting time order; or
(2) if subdivision (1) does not apply, has jurisdiction over the
legal proceedings concerning the custody of or parenting time
with a child;
and send a copy of the notice to any nonrelocating individual.
(b) Upon motion of a party, the court shall set the matter for a
hearing to review and modify, if appropriate, a custody order,
parenting time order, grandparent visitation order, or child
support order. The court shall take into account the following in
determining whether to modify a custody order, parenting time
order, grandparent visitation order, or child support order:
(1) The distance involved in the proposed change of residence.
(2) The hardship and expense involved for the nonrelocating
individual to exercise parenting time or grandparent
visitation.
(3) The feasibility of preserving the relationship between the
nonrelocating individual and the child through suitable
parenting time and grandparent visitation arrangements,
including consideration of the financial circumstances of the
parties.
(4) Whether there is an established pattern of conduct by the
relocating individual, including actions by the relocating
individual to either promote or thwart a nonrelocating
individual's contact with the child.
(5) The reasons provided by the:
(A) relocating individual for seeking relocation; and
(B) nonrelocating parent for opposing the relocation of the
child.
(6) Other factors affecting the best interest of the child.
(c) The court may award reasonable attorney's fees for a motion
filed under this section in accordance with IC 31-15-10.
Sec. 2. (a) If a party provides notice of relocation at an initial
hearing to determine custody, the court may consider the factors
set forth in this chapter in the court's initial custody determination.
(b) The court may consider a proposed relocation of a child as
a factor in determining whether to modify a custody order,
parenting time order, grandparent visitation order, or child
support order.
Sec. 3. (a) Except as provided in section 4 of this chapter, an
individual required to file a notice under IC 31-14-13-10 or section
1 of this chapter must:
(1) send the notice to the nonrelocating individuals:
(A) by registered or certified mail; and
(B) not later than ninety (90) days before the date that the
relocating individual intends to move; and
(2) provide the following information in the notice:
(A) The intended new residence, including the:
(i) address; and
(ii) mailing address of the relocating individual, if the
mailing address is different than the address under item
(i).
(B) The home telephone number of the new residence.
(C) Any other applicable telephone number for the
relocating individual.
(D) The date that the relocating individual intends to move.
(E) A brief statement of the specific reasons for the
proposed relocation of the child.
(F) A proposal for a revised schedule of parenting time or
grandparent visitation with the child.
(G) A statement that a parent must file an objection to the
relocation of the child with the court not later than sixty
(60) days after receipt of the notice.
(H) A statement that a nonrelocating individual may file a
petition to modify a custody order, parenting time order,
grandparent visitation order, or child support order.
(b) Except as provided in section 4 of this chapter, if the
relocating individual is unable to provide the information required
under subsection (a)(2) not later than ninety (90) days before the
relocating individual intends to move, the relocating individual
shall provide the information in the manner required under
subsection (a) not later than ten (10) days after the date that the
relocating individual obtains the information required to be
provided under subsection (a)(2). However, the relocating
individual must provide all the information required under
subsection (a)(2) not later than thirty (30) days before the
relocating individual intends to move to the new residence.
Sec. 4. If a court finds that disclosure of the information
required under section 3 of this chapter creates a significant risk
of substantial harm to the relocating individual or the child, the
court may order:
(1) that the address, the telephone number, or other
identifying information of the relocating individual or child
not be disclosed in the pleadings, other documents filed in the
proceeding, or the final order;
(2) that the information required under section 3 of this
chapter be maintained by the clerk of the court in a secure
location separate from the pending case file;
(3) that the notice requirements under IC 31-14-13-10 or this
chapter be waived to the extent necessary to protect the
relocating individual or child from significant risk of
substantial harm; or
(4) other remedial action that the court considers necessary to
facilitate the legitimate needs of the parties and the best
interest of the child.
Sec. 5. (a) Not later than sixty (60) days after receipt of the
notice from the relocating individual under IC 31-14-13-10 or this
chapter, a nonrelocating parent may file a motion seeking a
temporary or permanent order to prevent the relocation of a child.
(b) On the request of either party, the court shall hold a full
evidentiary hearing to grant or deny a relocation motion under
subsection (a).
(c) The relocating individual has the burden of proof that the
proposed relocation is made in good faith and for a legitimate
reason.
(d) If the relocating individual meets the burden of proof under
subsection (c), the burden shifts to the nonrelocating parent to
show that the proposed relocation is not in the best interest of the
child.
(e) If the nonrelocating parent fails to file a motion under
subsection (a), the relocating individual who has custody of the
child may relocate to the new residence.
Sec. 6. (a) If a nonrelocating parent files a motion under section
5 of this chapter, the court, after notice and an opportunity to be
heard or after compliance with Trial Rule 65(B), may grant a
temporary order restraining the relocation of a child or order the
child to be returned to the nonrelocating parent if the court finds:
(1) that the notice required under IC 31-14-13-10 or this
chapter was not served in a timely manner and the parties
have not presented an agreement concerning a parenting time
schedule;
(2) that the child has been relocated without:
(A) the appropriate notice;
(B) an agreement between the parties; or
(C) a court order; or
(3) from an examination of the evidence presented at the
temporary hearing, that there is a likelihood that, after a final
hearing, the court will not approve the relocation of the child.
(b) The court may grant a temporary order permitting the
relocation of the child pending a final hearing if the court:
(1) determines that the notice required under IC 31-14-13-10
or this chapter was provided in a timely manner;
(2) issues an order for a revised schedule for temporary
parenting time with the child; and
(3) reviews the evidence presented at the temporary hearing
and determines that there is a likelihood that, after the final
hearing, the court will approve the relocation of the child.
(c) If the court issues a temporary order authorizing the
relocating individual to move, in its final judgment, the court must
consider factors:
(1) other than; or
(2) in addition to;
the temporary relocation of the child when issuing a final order.
SOURCE: IC 31-17-5-4; (06)SE0040.1.8. -->
SECTION 8. IC 31-17-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. A grandparent
seeking visitation rights shall file a petition requesting reasonable
visitation rights:
(1) in a circuit or superior circuit, superior or probate court of
the county in which the child resides in a case described in
section 1(a)(1), 1(a)(3), or 10 of this chapter; or
(2) in the court having jurisdiction over the dissolution of the
parents' marriage in a case described in section 1(a)(2) of this
chapter.
SOURCE: IC 31-17-2-4; IC 31-17-2-23.
; (06)SE0040.1.9. -->
SECTION 9. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 31-17-2-4; IC 31-17-2-23.
SEA 40 _ Concur
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