Foreign decrees; modification; jurisdiction; procedure
Sec. 25. (a) Notwithstanding sections 3, 7, and 8 of this chapter,
a court of this state has jurisdiction to make a child custody and
support determination by modification decree if:
(1) the child is a citizen of the United States;
(2) a determination concerning the custody of the child has been
made by a court in another nation;
(3) the child is physically present in this state; and
(4) there is a reasonable probability that the child will be moved
outside of the United States if a determination concerning the
custody of the child made by a court in another nation is given
effect in the United States.
(b) If a court has jurisdiction to make a child custody and support
determination under subsection (a), a parent or guardian of a child,
may file a petition seeking a modification decree concerning the
custody and support of the child. The petition must be entitled "In re
the modification of a determination concerning the custody and
support of ___________". The petition shall be verified and must set
forth:
(1) the relationship of the parties;
(2) the present residence of each party;
(3) the name, age, and address of each child who will be
affected by the modification decree sought under this
subsection;
(4) a statement that the court has jurisdiction to make a child
custody and support determination under subsection (a); and
(5) the relief sought.
A responsive pleading or a counter petition may be filed under this
subsection. Proceedings provided for in this subsection must comply
with the Indiana Rules of Trial Procedure.
(c) The court shall hold a hearing on the petition filed under
subsection (b). At the hearing, the court shall hear evidence to
determine whether the child custody and support determination
should be modified. In making this determination, the court shall
base its decision upon the best interests of the child, considering all
relevant factors, including the factors set out in IC 31-16-6-1.
As added by P.L.1-1997, SEC.9.
Last modified: May 24, 2006