Security, bond, or guarantee; determinations
Sec. 21.7. (a) The court shall consider requiring security, a bond,
or another guarantee under section 21.5 of this chapter if the court
makes a finding under subdivision (1), (2), (4), or (7) by clear and
convincing evidence. If the court makes a finding under subdivision
(1), (2), (4), or (7), the court shall also consider subdivisions (3), (5),
(6), (8), and (9) in determining the amount of security, bond, or other
guarantee. In making a determination under this section, the court
shall consider the following:
(1) Whether a party has previously taken a child out of Indiana
or another state in violation of a custody, parenting time, or
visitation order.
(2) Whether a party has previously threatened to take a child out
of Indiana or another state in violation of a custody, parenting
time, or visitation order.
(3) Whether a party has strong ties to Indiana.
(4) Whether a party:
(A) is a citizen of another country;
(B) has strong emotional or cultural ties to the other country;
and
(C) has indicated or threatened to take a child out of Indiana
to the other country.
(5) Whether a party has friends or family living outside Indiana.
(6) Whether a party does not have a financial reason to stay in
Indiana, such as whether the party is unemployed, able to work
anywhere, or is financially independent.
(7) Whether a party has engaged in planning that would
facilitate removal from Indiana, such as quitting a job, selling
the party's primary residence, terminating a lease, closing an
account, liquidating other assets, hiding or destroying
documents, applying for a passport, applying for a birth
certificate, or applying for school or medical records.
(8) Whether a party has a history of marital instability, a lack of
parental cooperation, domestic violence, or child abuse.
(9) Whether a party has a criminal record.
After considering evidence, the court shall issue a written
determination of security, bond, or other written guarantee supported
by findings of fact and conclusions of law.
(b) If a motion for change of judge or change of venue is filed, the
court may, before a determination of change of judge or change of
venue, consider security, bond, or other guarantee under this chapter.
As added by P.L.171-2001, SEC.12. Amended by P.L.68-2005,
SEC.35.
Last modified: May 24, 2006