Indiana Code Title 31. Family Law and Juvenile Law § 31-9-2-35.5

Sec. 35.5 . “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 child is less than three (3) years of age;  or

(2) one (1) year if the child is at least three (3) years of age.

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.  The term does not include a person providing care for a child in a foster family home (as defined in IC 31-9-2-46.9 ).


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