Indiana Code
Ind. Code § 31-9-2-35 (2025)
Repealed
✓ 2025 Indiana Code: the 2026 session is not included
[Pre-1997 Recodification Citation: 31-1-11.6-2(4) part.]
As added by P.L.1-1997, SEC.1. Repealed by P.L.138-2007, SEC.93.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 2012–2023 · leading case: Guardianship of L.R.T. & A.J.B. R.L. & P.L. (Guardians) v. A.B. & R.B. (Parents), 979 N.E.2d 688 (Ind. Ct. App. 2012).
Guardianship of L.R.T. & A.J.B. R.L. & P.L. (Guardians) v. A.B. & R.B. (Parents), 979 N.E.2d 688 (Ind. Ct. App. 2012). “Indiana law defines a “de facto custodian” as someone who has been the primary caregiver for, and financial support of, a child who has resided with the person for at least six months if the child is less than three years of age or one year if the child is at least three years…”
In re the Paternity of E.E., J.E. v. T.C. (mem. dec.), No. 27A04-1601-JP-204 (Ind. Ct. App. Nov. 22, 2016). “[17] Ind. Code § 31-9-2-35 .5 provides: “De facto custodian”, for purposes of IC 31-14-13, IC 31-17-2, and IC 31-34-4, means a person who has been the primary caregiver for, and financial support of, a child who has resided with the person for at least: (1) six (6) months if the…”
In re the Paternity of A.M. & A.M. (Minor Child.): Brandi Miller v. Brock Hawthorne (mem. dec.), No. 43A03-1710-JP-2369 (Ind. Ct. App. Mar. 23, 2018). “3 1 Ind. Code § 31-9-2-35 .5 (2017). 2 Travis Miller did not participate in the trial court proceedings, and he does not participate in this appeal.”
In the Custody of: T.G. (Minor Child) & by J.D. (Father) v. M.G. & D.G., & Indiana Dep't of Child Servs. (mem. dec.), No. 18A-JC-1906 (Ind. Ct. App. Mar. 7, 2019). “To that end, the legislature provided that where a third party meets the definition of a de facto custodian under Ind. Code § 31-9-2-35 .5, he or she has standing to pursue custody of a child and indeed must be made a party to the custody proceedings.”
In the Paternity of M.S., L.S. & S.S. Maria Arriaga v. State of Indiana as Next Friend Gabriela Ivonne De Landa, (Mother), & Samuel Salazar, (Father), 146 N.E.3d 951 (Ind. Ct. App. 2020). “Ind. Code § 31-9-2-35 .5. However, “any period after a child custody proceeding has been commenced may not be included in determining whether the child has resided with the person for the required minimum period.”
Paternity: Erin Jackson v. Angela Jackson, No. 23A-JP-00776 (Ind. Ct. App. Nov. 28, 2023). “” Ind. Code § 31-9-2-35 .5. Court of Appeals of Indiana | Opinion 23A-JP-776 | November 28, 2023 Page 3 of 23 unsupervised parenting time with the children in accordance with the Indiana Parenting Time Guidelines (Father’s parenting time had previously been supervised for six…”
In the Matter of the Termination of the Parent-Child Relationship of: L.C., Minor Child, R.C., Father v. Indiana Dep't of Child Servs., No. 82A01-1307-JT-297 (Ind. Ct. App. Feb. 26, 2014). “” Ind. Code § 31-9-2-35 .5 defines a de facto custodian as “a person who has been the primary caregiver for, and financial support of, a child who has resided with the person for at least: (1) six (6) months if the child is less than three (3) years of age .”
The Paternity of P.A.B. K.B. v. J.L., No. 15A04-1210-GU-518 (Ind. Ct. App. June 28, 2013). “” Ind. Code Ann. § 31-9-2-35 .5 (West, Westlaw through June 29, 2013, excluding P.”
R.D. v. A.W. & M.W., No. 26A01-1208-JP-372 (Ind. Ct. App. Apr. 4, 2013). “Ind. Code § 31-9-2-35 .5. “Any period after a child custody proceeding has been commenced may not be included in determining whether the child has resided with the person for the required minimum period.”
In Re the Paternity of H.A., A.A. v. R.M. & B.M. (mem. dec.), No. 57A03-1504-JP-128 (Ind. Ct. App. Aug. 26, 2015). “Ind. Code § 31-9-2-35 .5. Here, the trial court found that Intervenors had provided primary care and supervision to H.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.