Indiana Motion for Supervised Visitations

State:
Multi-State
Control #:
US-03343BG
Format:
Word; 
Rich Text
Instant download

Description

Supervised visitation may be ordered by a court where the non-custodial parent:


" has a drug or alcohol abuse problem;

" has had trouble controlling anger;

" may have been involved in inappropriate sexual behavior with the child;

" engaged in child abuse, neglect or abandonment;

" engaged in domestic violence;

" has a mental illness;

" has a substance abuse problem; and/or

" as a criminal history.


The above list is not exhaustive, but gives examples of situations where a court might order supervised visitation.


Supervised visitation often takes place in a neutral location under the supervision of paid staff. An adult other than the custodial parent must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed upon by the parents or appointed by the court. In any case, the adult must be approved by the court ordering the supervised visitation.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.

The courts try to divide the time as evenly as possible; however, it is only sometimes possible to have a completely 50/50 split in many cases. If this is the case due to the distance, the parents live apart. For example, primary physical custody may be granted to one parent.

The Indiana Parenting Time Guidelines are based on the premise that it is usually in a child's best interest to have frequent, meaningful and continuing contact with each parent. It is assumed that both parents nurture their child in important ways, significant to the development and well being of the child.

The 6% rule provides ordinary uninsured health care expenses are paid by the parent assigned to pay them, generally the noncustodial parent, of up to 6% of any child support obligation.

In Indiana, if the child is 14 or older, the court will consider their preferences seriously. The thought process is that once a child reaches age 14, they are old enough to understand what is going on and how their decision could affect the child and the entire family.

When can my child decide which parent to live with? Until your child reaches the age of 18, the court will make a determination as to custody. However, at age 14, consideration is given to the child's wishes by the court when making this determination.

Criminal Law and Procedure § 35-42-3-4. (2) violates a child custody order of a court by failing to return a person who is less than eighteen (18) years of age to Indiana; commits interference with custody, a Level 6 felony.

Although the state of Indiana doesn't explicitly allow children to decide which parent they want to live with, the child's wishes are taken into consideration once the child turns fourteen. However, just because the child wishes to live with one parent doesn't mean the judge will grant that wish.

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Indiana Motion for Supervised Visitations