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IN HB1428
Bill
Status
1/17/2017
Primary Sponsor
Julie Olthoff
Click for details
AI Summary
HB 1428 Summary
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Allows a child's sibling to petition for visitation rights if a parent is deceased, the child's parents' marriage was dissolved in Indiana, or the child was born out of wedlock (with paternity establishment requirement).
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Requires courts to consider factors including prior meaningful contact, child's age and sex, parents' and child's wishes (with greater weight to children 14+), mental and physical health, and evidence of care by adult sibling when determining best interests.
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Establishes a rebuttable presumption that a fit parent's decision regarding sibling visitation is in the child's best interest.
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Permits courts to modify orders granting or denying sibling visitation rights when modification serves the child's best interests and to order parties to pay reasonable costs including attorney's fees and mediation expenses.
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Sibling visitation rights survive paternity establishment and adoption by stepparents or biologically related individuals; applies to cases where parents' marriage was dissolved in another state if Indiana courts have jurisdiction.
Legislative Description
Sibling visitation. Provides that a petition seeking visitation rights with a child may be filed by the child's sibling, or by an individual on behalf of the sibling, in certain circumstances. Establishes factors for the court to consider in determining whether granting sibling visitation rights is in the best interests of the child. Requires the court to enter a decree after holding a hearing. Allows the court to modify an order granting or denying sibling visitation rights. Provides that a court may order a party to an action for sibling visitation to pay a reasonable amount for the cost to
Last Action
First reading: referred to Committee on Judiciary
1/17/2017