Indiana Code
Ind. Code § 31-21-5-3 (2025)
Modification of a child custody determination made in another state
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 3. Except as provided in section 4 of this chapter, an Indiana court may not modify a child custody determination made by a court of another state unless an Indiana court has jurisdiction to make an initial determination under section 1(a)(1) or 1(a)(2) of this chapter and:
(1) the court of the other state determines that:
(A) it no longer has exclusive, continuing jurisdiction under section 2 of this chapter; or
(B) an Indiana court would be a more convenient forum under section 8 of this chapter; or
(2) an Indiana court or a court of the other state determines that:
(A) the child;
(B) the child's parents; and
(C) any person acting as a parent;
do not presently reside in the other state.
As added by P.L.138-2007, SEC.45.
Notes of Decisions
Cited in 4
cases, 2014–2019 · leading case: In the Matter of Eric McAndrews & Sachet Woodson, 193 A.3d 834 (N.H. 2018).
In the Matter of Eric McAndrews & Sachet Woodson, 193 A.3d 834 (N.H. 2018). “See Ind. Code § 31-21-5-3 (1). 1 The record submitted on appeal does not demonstrate *839 that the respondent complied with this, and several other, requirements when she filed her custody petition in Indiana.”
In re The Paternity of B.J.N. by Next Friend, E.M. v. K.N. & On Consol. Appeal, In Re the Guardianship of B.J.N., E.M. v. P.C., 19 N.E.3d 765 (Ind. Ct. App. 2014). “I.C. § 31-21-5-3(2). Here, all parties resided in Indiana at the time the guardianship order was issued.”
Kyle J. Wilkinson v. Danielle A. Assante, 107 N.E.3d 1074 (Ind. Ct. App. 2018). “31-21-5]" I.C. § 31-21-5-3. When making a determination of custody under I.”
In the Matter of the Paternity of R.S. (Minor Child): K.B. v. J.S. (mem. dec.), No. 19A-JP-450 (Ind. Ct. App. Aug. 14, 2019). “” I.C. § 31-21-5-3. A court may make an initial determination if “Indiana is the home state of the child on the date of the commencement of the proceeding.”
Ind. Code § 31-21-5-3(2): 1 case
In re The Paternity of B.J.N. by Next Friend, E.M. v. K.N. & On Consol. Appeal, In Re the Guardianship of B.J.N., E.M. v. P.C., 19 N.E.3d 765 (Ind. Ct. App. 2014). “I.C. § 31-21-5-3(2). Here, all parties resided in Indiana at the time the guardianship order was issued.”
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