Sec. 3.5. (a) Except as otherwise determined in a dissolution of marriage proceeding, a custody proceeding, or another proceeding authorized by law, including a proceeding under section 6 of this chapter or another proceeding under this article, and unless a minor is married: (1) the parents of the minor jointly or one (1) parent of the minor individually, if both parents are not incapacitated persons; (2) one (1) parent, if one (1) of the parents is an incapacitated person; or (3) the survivor, if one (1) parent is deceased and if the survivor is not an incapacitated person; have the right, without the appointment of a guardian, giving of bond, or order or confirmation of court, to act as custodians of an individual retirement account established for the minor under 26 U.S.C. 408. (b) IC 30-2-8.5-27 (b), IC 30-2-8.5-27 (e), and IC 30-2-8.5-28 apply to this section.
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