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31-30-1-13. Jurisdiction of child custody proceeding in paternity proceeding; paternity of child; survival of order

IN Code § 31-30-1-13 (2019) (N/A)
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Sec. 13. (a) Subject to subsection (b), a court having jurisdiction under IC 31-14 over establishment or modification of paternity, child custody, parenting time, or child support in a paternity proceeding has concurrent original jurisdiction with another juvenile court for the purpose of establishing or modifying paternity, custody, parenting time, or child support of a child who is under the jurisdiction of the other juvenile court because:

(1) the child is the subject of a child in need of services proceeding; or

(2) the child is the subject of a juvenile delinquency proceeding that does not involve an act described under IC 31-37-1-2.

(b) Whenever the court having child custody jurisdiction under IC 31-14 in a paternity proceeding modifies child custody as provided by this section, the modification is effective only when the juvenile court with jurisdiction over the child in need of services proceeding or juvenile delinquency proceeding:

(1) enters an order adopting and approving the child custody modification; or

(2) terminates the child in need of services proceeding or the juvenile delinquency proceeding.

(c) If, under this section, a juvenile court:

(1) establishes or modifies paternity, custody, child support, or parenting time of a child; and

(2) terminates a child in need of services proceeding or a juvenile delinquency proceeding regarding the child;

the order establishing or modifying paternity, custody, child support, or parenting time survives the termination of the child in need of services proceeding or the juvenile delinquency proceeding until the court having concurrent original jurisdiction under subsection (a) assumes or reassumes primary jurisdiction of the case to address all other issues.

(d) A court that assumes or reassumes jurisdiction of a case under subsection (c) may modify child custody, child support, or parenting time in accordance with applicable modification statutes.

As added by P.L.164-1999, SEC.3. Amended by P.L.162-2011, SEC.42; P.L.183-2017, SEC.29.

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31-30-1-13. Jurisdiction of child custody proceeding in paternity proceeding; paternity of child; survival of order