How Indiana family law works
The family law cases Indiana courts hear most
Ciyou & Associates is an Indianapolis family law firm handling divorce, child custody, child support, paternity, protective orders and the appeals that follow them. We represent clients from our Indianapolis and Fishers offices in courts across Indiana, and we prepare every family case as if it will be tried and reviewed on appeal.
Indiana family law lives mostly in Title 31 of the Indiana Code, with protective orders in Title 34. Each type of case has its own statute, its own filing and its own standard of proof, and many families face more than one at the same time. These are the cases we handle most and the law behind each one.
Divorce
A dissolution of marriage divides property and debts, decides any maintenance and, when there are children, sets custody, parenting time and support. One spouse must have lived in Indiana for six months and in the filing county for three months, and no decree can be entered sooner than 60 days after filing.
Ind. Code 31-15-2-6 and 31-15-2-10Child custody and parenting time
Custody is decided on the best interests of the child, with no presumption favoring either parent. Parenting time schedules start from the Indiana Parenting Time Guidelines, which courts presume apply unless there is a reason to deviate.
Ind. Code 31-17-2-8 and the Parenting Time GuidelinesChild support
Support is calculated under the Indiana Child Support Guidelines, which share the cost of raising a child between the parents in proportion to their incomes and credit the parenting time each parent exercises. The duty to pay generally ends when the child turns 19.
Ind. Code 31-16-6-1 and 31-16-6-6Paternity
When parents are not married, the mother has sole legal custody until a court orders otherwise. A father establishes paternity through a paternity affidavit or a court case, often with genetic testing, and can then ask for custody, parenting time and support.
Ind. Code 31-14-13-1 and 31-14-13-2Protective orders
A person who has been a victim of domestic or family violence, stalking or a sex offense can petition for a civil protection order. The court can issue an order the same day, before the other side is heard. Unless the court sets another date, an order lasts two years.
Ind. Code 34-26-5Modification and enforcement
Orders can change when life does. Custody can be modified when the change serves the child and there has been a substantial change in a best interests factor. Support can be modified for a substantial and continuing change, or when the order is at least 12 months old and the new amount would differ by more than 20 percent.
Ind. Code 31-17-2-21 and 31-16-8-1Many families have more than one of these issues at once. A divorce in Indianapolis often carries custody and support questions, a paternity case can turn into a relocation dispute, and a protective order can change parenting time overnight. We look at the whole picture first, so a step in one case does not undercut your position in another.
From filing to final order
How a family case moves through an Indiana court
Provisional orders set the early rules
Family cases rarely stay frozen while they wait for trial. In a divorce, either spouse can ask for provisional orders covering temporary custody, support, maintenance and use of the home. In custody and paternity cases, temporary orders can set a parenting schedule and support while the case is pending. Early orders tend to shape the final result, so we prepare for the first hearing as carefully as the last.
Evidence and discovery
Both sides exchange financial records, pay stubs, tax returns, school and medical records and messages, and can take depositions. In custody disputes the court may appoint a guardian ad litem or order a custody evaluation. Organized, documented evidence is what moves a judge, and it is the only evidence an appeals court will later see.
Mediation and settlement
Indiana courts often refer family cases to mediation before a contested hearing, and many cases settle there. A good agreement is specific. It names accounts and deadlines, spells out the parenting schedule and decision making, and is written so it can be enforced. A vague agreement often leads to contempt proceedings later.
The final hearing and the record
When a case does not settle, the judge hears testimony and exhibits and enters a final order. Under Indiana Trial Rule 52, a party can ask the court in writing, before evidence is admitted, to enter specific findings of fact and conclusions of law. Findings show how the court reached its decision, which matters if the order is ever enforced, modified or appealed.
Appeals
A party who believes the trial court got the law wrong generally has 30 days after a final judgment to file a notice of appeal and start an appeal to the Indiana Court of Appeals. Our attorneys have handled more than 175 appeals, so we try family cases with that review in mind. Read more about our Indiana appellate practice.
Family law matters we handle
Indiana family law practice areas
Family law covers far more than divorce and custody. These are the matters we handle most often, each with its own page of detail.
Divorce
Contested and agreed divorces, from the petition and provisional orders to the final decree.
Child custody
Legal and physical custody decided on the best interests of the child.
Child support
Calculating, modifying and enforcing support under the Indiana Child Support Guidelines.
Parenting time
Setting and enforcing schedules under the Indiana Parenting Time Guidelines.
Custody modification
Changing custody after a substantial change in circumstances.
Relocation
Notice, objections and hearings when a parent wants to move with a child.
Paternity
Establishing legal fatherhood so custody, parenting time and support can be ordered.
Fathers' rights
Representation for fathers seeking custody, parenting time or a fair support order.
Grandparent visitation
When Indiana grandparents can ask a court for time with a grandchild.
Third party and de facto custody
Custody claims by relatives and caregivers who have raised a child.
Guardianship
Guardianships of minors and how they fit with custody orders.
Adoption
Guidance through the Indiana adoption process, from petition to final decree.
Emancipation
When a child is emancipated under Indiana law and what that means for support.
College expenses
Orders for a child's college costs, separate from regular support.
Legal separation
A court ordered separation for spouses who are not ready to end the marriage.
Spousal support
When Indiana courts award maintenance and how the amount and length are set.
Property division
Identifying, valuing and dividing the marital estate.
Prenuptial and postnuptial agreements
Drafting, reviewing and enforcing marital agreements.
Protective orders
Seeking a civil protection order or defending against one.
International parental abduction
Cases involving a child taken to or kept in another country, including Hague Convention matters.
Family law appeals
Appeals of divorce, custody and support orders to the Indiana Court of Appeals.
Fishers divorce attorney
Local help for Fishers families in Hamilton County.
Carmel divorce attorney
Local help for Carmel families in Hamilton County.
Noblesville divorce attorney
Local help for Noblesville families in Hamilton County.
Westfield divorce attorney
Local help for Westfield families in Hamilton County.
Zionsville divorce attorney
Local help for Zionsville families in Boone County.
Fishers child custody attorney
Local help for Fishers families in Hamilton County.
Carmel child custody attorney
Local help for Carmel families in Hamilton County.
Noblesville child custody attorney
Local help for Noblesville families in Hamilton County.
Westfield child custody attorney
Local help for Westfield families in Hamilton County.
Zionsville child custody attorney
Local help for Zionsville families in Boone County.
Why Ciyou & Associates
Family law attorneys who try cases and handle the appeals
We are a family law firm based in downtown Indianapolis with a second office in Fishers, and we represent clients in family courts across Indiana. Divorce, custody and the appeals that follow them are the core of our work. Every case starts with your goal, whether that is a parenting schedule that works for your children, a fair division of what you built together or protection from someone who has hurt you. From there we gather the evidence, prepare you for every hearing and keep you informed as the case moves.
Our attorneys also run an active Indiana appellate practice. That changes how we try a family case. We know what the Court of Appeals looks for when it reviews an order, so we build the record, request findings and draft orders with that review in mind. If the other side appeals, or the trial court gets the law wrong, the same team that tried the case is ready to take it up.
Your family law team
Bryan has argued in the Indiana Court of Appeals, the Indiana Supreme Court and the Seventh Circuit, and is admitted to the bar of the United States Supreme Court. We also speak Spanish.
Bryan and Kim lead a team of four attorneys, plus paralegals and an intake specialist who keep your case moving.
What Our Clients Say About Us
Questions we hear
Indiana family law FAQs
Family law covers divorce, legal separation, child custody and parenting time, child support, paternity, guardianship, adoption, grandparent visitation, protective orders and changes to existing orders. Our firm also handles appeals of family court decisions to the Indiana Court of Appeals and the Indiana Supreme Court.
Indiana does not require you to hire a lawyer, and some agreed cases are simple. When custody, a business, retirement accounts or your safety is at stake, or the other side has a lawyer, the rules of evidence and procedure apply to you the same way. Mistakes made in the trial court are hard to fix later.
Courts use the Indiana Child Support Guidelines. The parents’ incomes are combined, a guideline amount is set for that income and the number of children, and each parent’s share follows their percentage of the combined income. Adjustments apply for parenting time, health insurance and work related child care.
Yes. Custody can be modified when the change is in the child’s best interests and there has been a substantial change in one of the factors the court considers. Support can be modified for a substantial and continuing change, or when the order is at least 12 months old and the new calculation differs by more than 20 percent.
When parents are not married, the mother has sole legal custody until a court orders otherwise. A father first establishes paternity, through a paternity affidavit or a court case, and can then ask the court for custody, parenting time and support under the best interests standard.
Consultations are $250 and are with an attorney. The cost of the full case depends on how much is contested and whether it goes to trial. In some cases a court can order one party to contribute to the other party’s attorney fees.
Yes. We have offices in downtown Indianapolis and in Fishers, and we represent clients in family courts throughout Indiana, from the surrounding counties to courts across the state.
Yes. A final order in a divorce, custody, support or paternity case can be appealed to the Indiana Court of Appeals. The notice of appeal is generally due 30 days after the final judgment, so talk to a lawyer right away if you think the court made a legal error.
Talk to an Indianapolis family law attorney
(317) 210-2000
info@ciyoulaw.com
320 N. Meridian St., Suite 600, Indianapolis, IN 46204
Consultations are $250 and are with an attorney.