Indiana

New Indiana Case Law: Paternity & Custody Settlements

Given the paramount importance of the child?s best interests, the trial court shall ?conduct a hearing to determine the issues of support, custody, and parenting time,? following an initial determination of paternity. Ind. Code § 31-14-10-1. Indiana Code section 31-14-13-2 provides that the trial court ?shall determine custody in accordance with the best interests of the child.?

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Only where ?the mother and the alleged father execute and file with the court a verified written stipulation? or ?have filed a joint petition[,] resolving the issues of custody, child support, and parenting time,? may the trial court make findings and orders without holding the hearing required by Indiana Code section 31-14-10-1.

IC 31-14-10-1 reads follows:

Hearing to determine support, custody, and parenting time following initial determination of paternity; order to probation officer to prepare report
Sec. 1. Upon finding that a man is the child's biological father, the court shall, in the initial determination, conduct a hearing to determine the issues of support, custody, and parenting time. Upon the request of any party or on the court's own motion, the court may order a probation officer to prepare a report to assist the court in determining these matters.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on January 06, 2010 (boomark / email).