Bill Text: IN SB0028 | 2013 | Regular Session | Introduced
Bill Title: Grandparent and great-grandparent visitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Judiciary [SB0028 Detail]
Download: Indiana-2013-SB0028-Introduced.html
Citations Affected: IC 31-9-2-48.3; IC 31-14-14-3; IC 31-17.
Synopsis: Grandparent and great-grandparent visitation. Allows
great-grandparents to seek visitation rights with their
great-grandchildren in certain circumstances. Allows a grandparent or
great-grandparent to seek visitation if the grandparent or
great-grandparent has had meaningful contact with the child but, as a
result of an estrangement between the parent of the child and the
grandparent or great-grandparent, the parent of the child terminated the
child's visits with the grandparent or great-grandparent. Establishes
factors for the court to consider in determining whether granting a
grandparent or great-grandparent visitation rights is in the best interests
of the child. Provides that a court may order a party to an action for
grandparent or great-grandparent visitation to pay a reasonable amount
for the cost to the other party of maintaining or defending the action,
including costs for attorney's fees and mediation. Specifies that certain
agencies are not required to pay costs. Makes conforming changes.
Effective: Upon passage.
January 7, 2013, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(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 or great-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 or great-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 or
great-grandparent visitation.
(3) The feasibility of preserving the relationship between the
nonrelocating individual and the child through suitable parenting
time and grandparent or great-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.
(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 or great-grandparent visitation order, or child support order.
[EFFECTIVE UPON PASSAGE]: 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 each nonrelocating individual:
(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 or great-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 or great-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.
(1) the child's parent is deceased;
(2) the marriage of the child's parents has been dissolved in
Indiana; or
(3) subject to subsection (b), the child was born out of wedlock;
or
(4) subject to subsection (b), the grandparent or
great-grandparent has had meaningful contact with the child
but, as a result of an estrangement between the parent of the
child and the grandparent or great-grandparent, the parent
of the child terminated the child's visits with the grandparent
or great-grandparent.
(b) A court may not grant visitation rights to a paternal grandparent
or paternal great-grandparent of a child who is born out of wedlock
under subsection (a)(3) or (a)(4) if the child's father has not established
paternity in relation to the child.
(1) The age and sex of the child.
(2) The wishes of the child's parent, parents, grandparent, grandparents, great-grandparent, or great-grandparents.
(3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents; and
(B) the child's grandparent, grandparents, great-grandparent, or great-grandparents.
(5) The mental and physical health of all individuals involved.
(6) Evidence of a pattern of domestic or family violence by the child's grandparent, grandparents, great-grandparent, or great-grandparents.
(7) Evidence that the child has been cared for by the child's grandparent, grandparents, great-grandparent, or great-grandparents.
(b) In determining the best interests of the child under this section with regard to a grandparent or great-grandparent seeking visitation under section 1(a)(1) through 1(a)(3) of this chapter, the court may consider whether a grandparent or great-grandparent has had or has attempted to have meaningful contact with the child.
(c) The court may interview the child in chambers to assist the court
in determining the child's perception of whether visitation by a
grandparent or great-grandparent is in the best interests of the child.
(d) The court may permit counsel to be present at the interview. If
counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of
appeal.
(1) be filed by a grandparent or great-grandparent entitled to receive visitation rights under this chapter;
(2) be verified; and
(3) set forth the following:
(A) The names and relationship of:
(i) the petitioning grandparent,
(ii) each child with whom visitation is sought; and
(iii) the
(B) The present address of each person named in clause (A).
(C) The date of birth of each child with whom visitation is sought.
(D) The status under section 1 of this chapter upon which the grandparent or great-grandparent seeks visitation.
(E) The relief sought.
(1) except as provided in subdivision (2), in a circuit, superior, or probate court of the county in which the child resides in a case described in
(2) in the court having jurisdiction over the dissolution of the parents' marriage
UPON PASSAGE]: Sec. 10. If the marriage of the child's parents has
been dissolved in another state, the child's maternal or paternal
grandparent or the child's great-grandparent may seek visitation
rights if:
(1) the custody decree entered in the action for dissolution of
marriage does not bind the grandparent or great-grandparent
under IC 31-21-3-1 (or IC 31-17-3-12 before its repeal); and
(2) an Indiana court would have jurisdiction under IC 31-21-5-1
(or IC 31-17-3-3 before its repeal), IC 31-21-5-2, or IC 31-21-5-3
(or IC 31-17-3-14 before its repeal) to grant visitation rights to the
grandparent or great-grandparent in a modification decree.
(b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney's name.
