Ind. Code ch. 31-21-2

Ind. Code ch. 31-21-2
in effect

Ind. Code § 31-21-2-1 Definitions application

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-2 "Abandoned"

Sec. 2. "Abandoned" means left without provision for reasonable and necessary care or supervision. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-3 "Child"

Sec. 3. "Child" means a person who is less than eighteen (18) years of age. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-4 "Child custody determination"

Sec. 4. (a) "Child custody determination" means a judgment, decree, or other court order providing for: (1) legal custody; (2) physical custody; or (3) visitation; with respect to a child. (b) The term does not include an order relating to child support or other monetary obligation of a person. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-5 "Child custody proceeding"

Sec. 5. (a) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for: (1) dissolution of marriage or legal separation; (2) child abuse or neglect; (3) guardianship; (4) paternity; (5) termination of parental rights; and (6) protection from domestic violence; in which the issue of child custody or visitation may appear. (b) The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement of child custody under IC 31-21-6. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-6 "Commencement"

Sec. 6. "Commencement" means the filing of the first pleading in a proceeding. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-7 "Court"

Sec. 7. "Court" means an entity authorized by state law to establish, enforce, or modify a child custody determination. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-8 "Home state"

Sec. 8. "Home state" means the state in which a child lived with: (1) a parent; or (2) a person acting as a parent; for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived since birth with a parent or person acting as a parent. A period of temporary absence of the parent or person acting as a parent is part of the period. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-9 "Initial determination"

Sec. 9. "Initial determination" means the first child custody determination concerning a child. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-10 "Issuing court"

Sec. 10. "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this article. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-11 "Issuing state"

Sec. 11. "Issuing state" means the state in which a child custody determination is made. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-12 "Modification"

Sec. 12. "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, regardless of whether the determination is made by the court that made the previous determination. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-13 "Person"

Sec. 13. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a government, a governmental subdivision, an agency or instrumentality, a public corporation, or any other legal or commercial entity. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-14 "Person acting as a parent"

Sec. 14. "Person acting as a parent" means a person, other than a parent, who: (1) has physical custody of the child or has had physical custody for a period of at least six (6) consecutive months, including a temporary absence, within one (1) year immediately before the commencement of a child custody proceeding; and (2) has been awarded legal custody by a court or claims a right to legal custody under Indiana law. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-15 "Petitioner"

Sec. 15. "Petitioner" means a person who seeks enforcement of: (1) an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction; or (2) a child custody determination. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-16 "Physical custody"

Sec. 16. "Physical custody" means the physical care and supervision of a child. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-17 "Record"

Sec. 17. "Record" means information that is: (1) inscribed on a tangible medium; or (2) stored in an electronic or other medium; and that is retrievable in a perceivable form. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-18 "Respondent"

Sec. 18. "Respondent" means a person against whom a proceeding has been commenced for enforcement of: (1) an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction; or (2) a child custody determination. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-19 "State"

Sec. 19. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or an insular possession subject to the jurisdiction of the United States. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-20 "Tribe"

Sec. 20. "Tribe" means an Indian tribe or band or Alaskan Native village that is: (1) recognized by federal law; or (2) formally acknowledged by a state. As added by P.L.138-2007, SEC.45.

Ind. Code § 31-21-2-21 "Warrant"

Sec. 21. "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. As added by P.L.138-2007, SEC.45.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026