How is child custody decided in Indiana?

Indiana child custody is governed by Ind. Code § 31-17-2-1 et seq.

1. Legal vs. Physical Custody (Ind. Code § 31-9-2-67)

Legal custody — authority and responsibility for the major decisions concerning the child's upbringing, including education, healthcare, and religious training.

Physical custody — child's residence.

2. Best Interest Factors — 8 Listed (Ind. Code § 31-17-2-8)

The court shall consider all relevant factors, including:

The age and sex of the child.

The wishes of the child's parents.

The wishes of the child, with more consideration given to the child's wishes if the child is at least 14 years of age.

The interaction and interrelationship of the child with the child's parents, siblings, and any other person who may significantly affect the child's best interest.

The child's adjustment to home, school, and community.

The mental and physical health of all individuals involved.

Evidence of a pattern of domestic or family violence by either parent.

Evidence that the child has been cared for by a de facto custodian.

3. No Presumption Between Parents

Indiana provides no presumption based on the parent's gender (Ind. Code § 31-17-2-8). The 'tender years' doctrine has been abolished.

4. Joint Legal Custody (Ind. Code § 31-17-2-13)

The court may award joint legal custody when both parents agree, or it may award joint legal custody without parental agreement if it determines that joint legal custody would be in the child's best interest. Factors for joint legal custody (§ 31-17-2-15):

Fitness and suitability of each of the persons awarded joint custody.

Whether the persons awarded joint custody are willing and able to communicate and cooperate in advancing the child's welfare.

Wishes of the child, with more consideration given if 14+.

Whether the child has established a close and beneficial relationship with both persons.

Whether the persons live in close proximity and plan to continue to do so.

Nature of the physical and emotional environment in the home of each.

5. Child's Preference — Special Weight at Age 14

Factor 3 of § 31-17-2-8 — courts must give more consideration to the wishes of children age 14 or older. The wishes of younger children may also be considered.

6. De Facto Custodian (Ind. Code § 31-9-2-35.5)

A non-parent who has cared for the child financially and physically for at least 6 months (under 3 years old) or 1 year (3 or older) may be recognized as a de facto custodian and have standing in custody proceedings.

7. Modification (Ind. Code § 31-17-2-21)

Requires:

A substantial change in one or more of the § 31-17-2-8 factors.

Modification is in the best interest of the child.

8. Relocation (Ind. Code § 31-17-2.2-1 et seq.)

A relocating individual must file a notice of intent to relocate at least 30 days before the move (or 14 days if the parent learns of the requirement to move within 30 days). The non-relocating parent may file a motion to modify custody. The court considers the distance, hardship, expenses, feasibility of preserving the relationship, reasons for and against relocation.

9. Indiana Parenting Time Guidelines

Indiana has detailed Parenting Time Guidelines that establish the minimum parenting time the non-residential parent should have, including a separate schedule for children under 3.

This is legal information, not legal advice.