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IN HB1071
Bill
Status
1/3/2018
Primary Sponsor
Julie Olthoff
Click for details
AI Summary
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Adult siblings (18+ years old) may petition for visitation rights with siblings under 18 years old if a parent is deceased, the parents' marriage was dissolved in Indiana, or the child was born out of wedlock (with paternity establishment requirements).
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Courts must determine visitation is in the child's best interest by considering factors including meaningful contact history, ages of parties, parents' wishes, child's wishes (with more weight given if child is 14+), and health of all individuals involved.
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A fit parent's decision regarding sibling visitation carries a rebuttable presumption of being in the child's best interest.
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Adult siblings cannot seek visitation with children in foster care, and visitation rights automatically terminate upon adoption unless the adopter is a stepparent or biologically related family member.
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Courts may modify or vacate sibling visitation orders at any time upon finding such modification serves the child's best interests, effective July 1, 2018.
Legislative Description
Sibling visitation. Provides that a child's adult sibling may file a petition seeking visitation rights with the child in certain circumstances. Establishes factors for the court to consider in determining whether granting sibling visitation rights to an adult sibling is in the best interests of the child. Requires the court to enter a decree after holding a hearing. Allows the court to modify or vacate an order granting or denying sibling visitation rights with an adult sibling.
Last Action
First reading: referred to Committee on Judiciary
1/3/2018