Consideration of de facto custodian factors
Sec. 8.5. (a) This section applies only if the court finds by clear
and convincing evidence that the child has been cared for by a de
facto custodian.
(b) In addition to the factors listed in section 8 of this chapter, the
court shall consider the following factors in determining custody:
(1) The wishes of the child's de facto custodian.
(2) The extent to which the child has been cared for, nurtured,
and supported by the de facto custodian.
(3) The intent of the child's parent in placing the child with the
de facto custodian.
(4) The circumstances under which the child was allowed to
remain in the custody of the de facto custodian, including
whether the child was placed with the de facto custodian to
allow the parent now seeking custody to:
(A) seek employment;
(B) work; or
(C) attend school.
(c) If a court determines that a child is in the custody of a de facto
custodian, the court shall make the de facto custodian a party to the
proceeding.
(d) The court shall award custody of the child to the child's de
facto custodian if the court determines that it is in the best interests
of the child.
(e) If the court awards custody of the child to the child's de facto
custodian, the de facto custodian is considered to have legal custody
of the child under Indiana law.
As added by P.L.96-1999, SEC.8.
Last modified: May 24, 2006