Section 31-17-4-1 - Parenting time rights; in chambers interview of child; rebuttable presumption for supervised parenting time(a) Subject to subsections (d) and (e) and subject to section 1.1 of this chapter, a parent not granted custody of the child is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.(b) The court may interview the child in chambers to assist the court in determining the child's perception of whether parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.(c) The court may permit counsel to be present at the interview. If counsel is present: (1) a record may be made of the interview; and(2) the interview may be made part of the record for purposes of appeal.(d) Except as provided in subsection (e), if a court grants parenting time rights to a person who has been convicted of: (1) child molesting (IC 35-42-4-3); or(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)); there is a rebuttable presumption that the parenting time with the child must be supervised.
(e) If a court grants parenting time rights to a person who has been convicted of:(1) child molesting (IC 35-42-4-3); or(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)); within the previous five (5) years, the court shall order that the parenting time with the child must be supervised.
Pre-1997 Recodification Citation: 31-1-11.5-24(a).
Amended by P.L. 146-2021,SEC. 7, eff. 7/1/2021.Amended by P.L. 223-2019,SEC. 3, eff. 7/1/2019.As added by P.L. 1-1997, SEC.9. Amended by P.L. 15-2004, SEC.2; P.L. 68-2005, SEC.45.