When parents separate or divorce in Indiana, determining who gets custody of the children is often one of the most emotionally charged and complex issues. Indiana courts focus on the “best interests of the child” standard to guide their decisions, and a key element of this evaluation is the quality and consistency of the interaction between parents and children. In this article, we'll explore how courts assess parent-child interactions and how this assessment factors into custody decisions.
What Courts Look for in Parent-Child Interaction
The Indiana Code outlines several factors courts must consider when determining custody, and a central focus is the relationship each parent has with the child. Indiana Code §31-17-2-8 states that courts must consider “The interaction and interrelationship of the child with: the child's parent or parents.” This means that the court is looking beyond surface-level involvement and seeking to understand the depth, quality, and consistency of the relationship.
Judges often examine:
- The emotional bond between the child and each parent
- Each parent’s ability to meet the child’s physical and emotional needs
- The frequency and quality of past and current interactions
- How involved each parent is in the child’s daily life, including school, extracurricular activities, and healthcare
- Evidence of nurturing behavior, such as comforting the child during stress or participating in educational support
In some cases, courts may appoint a Guardian ad Litem (GAL) or conduct a custody evaluation to provide additional insight into the parent-child relationship. These assessments can be vital in cases where parents disagree about custody or where concerns have been raised about a parent’s fitness.
How Your Relationship Affects Custody
A strong, positive relationship with your child can significantly influence custody decisions. Courts generally favor arrangements that maintain and support the child’s emotional security and stability. This doesn't mean one parent must be perfect; rather, judges are looking for ongoing commitment and a demonstrated ability to foster the child’s well-being.
Some ways to strengthen your custody case include:
- Demonstrating a history of active involvement (attending parent-teacher conferences, medical appointments, etc.)
- Maintaining a stable, safe home environment
- Encouraging the child’s relationship with the other parent, which shows cooperation and focus on the child’s needs
- Avoiding hostile interactions or behaviors that might emotionally harm the child
- Cooperating with court-appointed professionals or custody evaluators
Parental alienation—attempting to damage the child’s relationship with the other parent—can have serious consequences in custody cases. Judges may view this behavior as contrary to the child’s best interests and detrimental to the child’s emotional development.
Custody Factors Explained
Indiana courts consider a wide array of custody factors beyond parent-child interaction. Understanding the broader context can help you prepare a stronger case:
1. The Child’s Age and Preferences
While there is no specific age at which a child can choose which parent to live with, courts may take a mature child’s wishes into account. The older and more articulate the child, the more weight the preference might carry.
2. Mental and Physical Health of All Parties
The physical and emotional health of both the parents and the child is crucial. Courts assess each parent's capacity to care for the child, including any history of mental illness or substance abuse.
3. Stability and Continuity
Judges often favor maintaining stability for the child. This includes keeping them in the same school, community, and social circles when possible. A parent's ability to provide a consistent routine and support system matters.
4. Willingness to Cooperate
Courts highly value co-parenting. A parent who is more willing to foster a relationship between the child and the other parent may be viewed more favorably.
5. History of Abuse or Neglect
Any indication of domestic violence, abuse, or neglect can heavily sway custody decisions. Protecting the child is always the court's top priority.
Evidence That Matters in Indiana Custody Evaluations
If you're preparing for a custody case, it’s important to understand what evidence courts might find persuasive:
- Parenting journals that track daily routines, responsibilities, and positive interactions
- Text messages or emails showing communication about parenting and cooperation
- Photographs or videos of quality time spent together
- Testimony from teachers, pediatricians, coaches, or counselors
- Court-ordered evaluations or reports from Guardians ad Litem
- School and medical records demonstrating involvement and concern
Judges prefer objective, verifiable evidence over hearsay. Documentation that shows consistent, active parenting helps establish your commitment and reliability.
What to Expect in a Custody Evaluation
In contested cases, courts may order a custody evaluation, especially when there are allegations of abuse, neglect, or alienation. A clinical psychologist or psychiatrist typically conducts this assessment.
Expect the evaluation to include:
- Interviews with each parent and the child
- Observations of parent-child interactions
- Home visits to evaluate the child’s living conditions
- Psychological testing, if appropriate
The evaluator will submit a detailed report to the court, including recommendations for custody and parenting time. While not binding, judges take these reports seriously.
More about custody evaluations: Indiana Child Custody Evaluations: What to Expect
Protecting Your Relationship During Litigation
Custody battles can be stressful and may inadvertently strain your relationship with your child. To preserve and strengthen your bond:
- Stick to consistent parenting schedules
- Avoid discussing legal matters with or in front of your child
- Keep interactions with the other parent civil and child-focused
- Stay involved in school and extracurricular activities
- Consider family therapy or counseling if needed
Remember that courts assess your behavior throughout the legal process. Demonstrating maturity, empathy, and cooperation can positively influence your case.
Frequently Asked Questions
Q: How do Indiana courts define “best interests of the child”?
A: Courts look at multiple factors, including parent-child relationships, the child’s needs, each parent’s ability to meet those needs, and any history of abuse or neglect.
Q: Can children choose which parent to live with?
A: No, children cannot make the final decision, but the court may consider their preferences depending on age and maturity.
Q: What is a Guardian ad Litem (GAL)?
A: A GAL is a court-appointed advocate who represents the child’s best interests during custody proceedings.
Q: Do I need a lawyer for a custody case?
A: While not legally required, having an experienced family law attorney is highly recommended to help you present the strongest case possible.
Q: How can I prepare for a custody evaluation?
A: Be honest, cooperative, and focused on your child’s needs. Follow any instructions from the evaluator and maintain a stable, nurturing home.
Final Thoughts
Your relationship with your child is one of the most important factors Indiana courts consider when deciding custody. By fostering a strong, supportive bond and demonstrating active involvement in your child’s life, you increase your chances of a favorable decision.
If you are facing a custody dispute or preparing for a custody evaluation in Indiana, contact Ciyou & Associates, P.C. Our experienced legal team understands the nuances of Indiana custody law and can guide you through every step of the process. We’re committed to helping you protect your parental rights and secure the best possible future for your child.
The quality of parent-child relationships can be decisive in custody cases. Document positive interactions and address concerns early.
This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
