Sec. 1. (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).]
As added by P.L.1-1997, SEC.9. Amended by P.L.15-2004,
SEC.2; P.L.68-2005, SEC.45; P.L.223-2019, SEC.3; P.L.146-2021,
SEC.7.
Notes of Decisions
Cited in
61
cases (
6 in the last 5 years), 1998–2025 · leading case:
Lasater v. Lasater, 809 N.E.2d 380 (Ind. Ct. App. 2004).
Lasater v. Lasater, 809 N.E.2d 380 (Ind. Ct. App. 2004).
· cites it 4× “Ind.Code § 31-17-4-1. However, the right of visitation is subordinated to the best interests of the child.”
Appolon v. Faught, 796 N.E.2d 297 (Ind. Ct. App. 2003).
· cites it 6× “" Ind.Code § 31-17-4-1. The legislature could not have intended to tie the hands of the courts and render Indiana Code section 31-17-4-1 meaningless when it enacted Indiana Code section 31-17-2-8.”
Michael D. Perkinson, Jr. v. Kay Char Perkinson, 989 N.E.2d 758 (Ind. 2013).
· cites it 2× “2006) (citing, inter alia, Ind.Code § 31-17-4-1), trans. denied. Indiana Code section 31-17-4-2 states that parenting time rights shall not be restricted unless there is a finding “that the parenting time might endanger the child’s physical health or significantly impair the…”
Marriage of Tamasy v. Kovacs, 929 N.E.2d 820 (Ind. Ct. App. 2010).
· cites it 4× “To the extent that Mother argues that her challenge to the trial court's July 23, 2009 parenting time order is not moot because she is entitled to a complete weekend of parenting time with the children that is unfettered by the restriction that said parenting time occur in…”
Glenn Hatmaker v. Betty Hatmaker, 998 N.E.2d 758 (Ind. Ct. App. 2013).
· cites it 2× “Restriction of parenting time is governed by Indiana Code section 31-17-4-1(a), which provides: 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…”
Lesley Farley Pitcavage v. Joel Michael Pitcavage, 11 N.E.3d 547 (Ind. Ct. App. 2014).
· cites it 2× “We instead consider Indiana Code section 31-17-4-1 (a), which provides that a non-custodial parent is entitled to exercise reasonable parenting time with his or her child “unless the court finds, after a hearing, that parenting time by the noncustodial parent might endanger the…”
Higginbotham v. Higginbotham, 822 N.E.2d 609 (Ind. Ct. App. 2004).
· cites it 2× “Indiana Code section 31-17-4-1 provides, "A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation by the noncustodial parent might endanger the child's physical health or significantly impair…”
Kitchen v. Kitchen, 953 N.E.2d 646 (Ind. Ct. App. 2011).
· cites it 2× “” Ind.Code § 31-17-4-1. The legislature conferred standing upon grandparents to seek visitation under certain conditions.”
Wayne Patton v. Jessica Patton, 48 N.E.3d 17 (Ind. Ct. App. 2015).
· cites it 2× “(citing Ind.Code § 31-17-4-1). “A court may modify an order granting or denying visitation rights whenever this modification would serve the best interests of the child.”
M.S. v. C.S., 938 N.E.2d 278 (Ind. Ct. App. 2010).
· cites it 2× “'s legal parent, so she is not entitled to parenting time with S.”
Shady v. Shady, 858 N.E.2d 128 (Ind. Ct. App. 2006).
“Rather, it states, in relevant part, that "[a] parent not granted custody of the child is entitled to reasonable parenting time rights unless the [triall court finds, after a hearing, that parenting time by the noneustodial parent might endanger the child's physical health or…”
Ind. Code § 31-17-4-1(a): 18 cases
Glenn Hatmaker v. Betty Hatmaker, 998 N.E.2d 758 (Ind. Ct. App. 2013).
“Restriction of parenting time is governed by Indiana Code section 31-17-4-1(a), which provides: 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…”
Jm v. Nm, 844 N.E.2d 590 (Ind. Ct. App. 2006).
Ind. Code § 31-17-4-1(b): 1 case
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