LegalFix
Sign In

31-21-5-2. Exclusive, continuing jurisdiction of child custody cases

IN Code § 31-21-5-2 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Sec. 2. (a) Except as otherwise provided in section 4 of this chapter, an Indiana court that has made a child custody determination consistent with section 1 or 3 of this chapter has exclusive, continuing jurisdiction over the determination until:

(1) an Indiana court determines that:

(A) neither:

(i) the child;

(ii) the child's parents; nor

(iii) any person acting as a parent;

has a significant connection with Indiana; and

(B) substantial evidence is no longer available in Indiana concerning the child's care, protection, training, and personal relationships; or

(2) an Indiana court or a court of another state determines that:

(A) the child;

(B) the child's parents; and

(C) any person acting as a parent;

do not presently reside in Indiana.

(b) An Indiana court that:

(1) has made a child custody determination; and

(2) does not have exclusive, continuing jurisdiction under this section;

may modify the determination only if the Indiana court has jurisdiction to make an initial determination under section 1 of this chapter.

As added by P.L.138-2007, SEC.45.

Previous Section
31-21-5-1. Jurisdiction requirements
Next Section
31-21-5-3. Modification of a child custody determination made in another state