Sec. 5. (a) If the court dismisses a petition for adoption, the court shall determine the person who should have custody of the child.

     (b) If the court determines that it is necessary to change the child’s custody to another person, regardless of the person’s right to immediate custody, the court may order a plan for a gradual change of custody to ease the child’s transition unless the gradual change of custody would:

(1) endanger the child’s physical health; or

(2) significantly impair the child’s emotional development.

     (c) The court may do the following:

(1) Implement a change of custody under this section by gradually increasing the child’s visitation with each person who is entitled to custody.

(2) Order counseling for the child and the persons involved in the change of custody so that a plan for the gradual change of custody may be developed and implemented.

(3) Consult with the counselor who assists the persons in developing the plan to determine an order for the gradual change of custody that meets the child’s best interests.

[Pre-1997 Recodification Citation: 31-3-1-8(e).]

As added by P.L.1-1997, SEC.11.