Indiana Code 31-14-14-1. Parenting time rights of noncustodial parent; in chambers interview of child; rebuttable presumption for supervised parenting time
(1) endanger the child’s physical health and well-being; or
Terms Used In Indiana Code 31-14-14-1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Chambers: A judge's office.
(b) The court may interview the child in chambers to assist the court in determining the child’s perception of whether parenting time by the noncustodial parent might endanger the child’s physical health or significantly impair the child’s emotional development.
(c) In a hearing under subsection (a), there is a rebuttable presumption that a person who has been convicted of:
(1) child molesting (IC 35-42-4-3); or
(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
might endanger the child’s physical health and well-being or significantly impair the child’s emotional development.
(d) Except as provided in subsection (e), if a court grants parenting time rights to a person who has been convicted of:
(1) child molesting (IC 35-42-4-3); or
(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
there is a rebuttable presumption that the parenting time with the child must be supervised.
(e) If a court grants parenting time rights to a person who has been convicted of:
(1) child molesting (IC 35-42-4-3); or
(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
within the previous five (5) years, the court shall order that the parenting time with the child must be supervised.
(f) 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.
[Pre-1997 Recodification Citation: 31-6-6.1-12(a).]
As added by P.L.1-1997, SEC.6. Amended by P.L.15-2004, SEC.1; P.L.68-2005, SEC.19; P.L.95-2009, SEC.4; P.L.13-2016, SEC.8; P.L.223-2019, SEC.1.