Few questions carry more weight than this one: who gets primary custody of the children? If you are going through a divorce or separation in Indiana, it is probably the first thing on your mind when you wake up and the last thing keeping you awake at night. You are not alone. Thousands of Indiana parents face this question every year, and the uncertainty can feel paralyzing.
Here is what you need to know right away. Indiana law does not automatically favor one parent over the other. There is no built-in presumption that mothers get primary custody, and there is no rule that says fathers are limited to every-other-weekend visits. The judge's job is to look at the full picture of your family's life and make a decision based on one guiding principle: the best interests of the child.
That might sound simple, but the reality is far more nuanced. “Best interests” is a legal standard with multiple moving parts, and understanding how Indiana judges evaluate those parts can make the difference between a custody outcome you can live with and one that leaves you feeling blindsided. This guide is designed to walk you through the entire process, from what “primary custody” actually means under Indiana law, to the specific factors judges weigh, to the Indiana Parenting Time Guidelines that shape how time with your children is divided. Whether you are preparing for your first court date or wondering whether your current arrangement can be changed, this is a resource you can come back to again and again.
What Does “Primary Custody” Actually Mean in Indiana?
Before we get into how judges make their decisions, it helps to understand what we are really talking about when we say “primary custody.” Indiana law recognizes two separate types of custody, and they do not always go to the same parent.
Physical custody refers to where the child lives on a day-to-day basis. The parent who has the child the majority of overnights is generally considered the primary physical custodian. This is what most people think of when they hear the word “custody.”
Legal custody refers to the right and responsibility to make major decisions about the child's life, including decisions about education, healthcare, religious upbringing, and extracurricular activities. Under Indiana Code § 31-17-2-13 through 31-17-2-15, legal custody can be awarded jointly to both parents, meaning both have an equal voice in those major decisions, or it can be awarded solely to one parent.
Here is an important distinction that catches many parents off guard. Even when one parent is designated the primary physical custodian, both parents often share joint legal custody. That means even if your child spends more nights at the other parent's home, you may still have an equal say in decisions about their schooling, medical care, and other significant life choices. It also means that even if you are awarded primary physical custody, you do not get to make major decisions unilaterally unless the court specifically gives you sole legal custody.
Understanding this distinction matters because it shapes how you approach custody negotiations and what you ask for in court. A parent who fights exclusively for “full custody” without understanding the legal and physical dimensions may end up with an outcome that does not match their expectations. If you are unsure how these categories apply to your situation, consulting with an experienced child custody lawyer in Indianapolis can help you develop a strategy that makes sense for your family.
The Best Interests of the Child: Indiana's Guiding Standard
Every custody decision in Indiana starts and ends with the same question: what arrangement serves the best interests of the child? This standard is codified in Indiana Code § 31-17-2-8, which provides the framework that every judge must follow when making custody determinations.
The statute explicitly states that there is no presumption favoring either parent. This is worth repeating because it is one of the most commonly misunderstood aspects of Indiana custody law. A father walking into court has the same legal standing as a mother. The judge is required to evaluate the evidence on its merits, without giving automatic preference based on gender.
Under the statute, the court must consider all relevant factors. While the list is not exhaustive, the specific factors that judges are directed to weigh include the age and sex of the child, the wishes of each parent, the wishes of the child (with more consideration given if the child is at least fourteen years old), the interaction and interrelationship of the child with each parent and with siblings and other significant people, the child's adjustment to home, school, and community, the mental and physical health of everyone involved, and evidence of a pattern of domestic or family violence by either parent. The court can also consider evidence that the child has been cared for by a de facto custodian.
These factors might look straightforward on paper, but in practice, each one opens the door to a complex analysis. A judge is not simply checking boxes. They are weighing competing evidence, evaluating credibility, and making judgment calls that require a deep understanding of the family's dynamics. The sections that follow break down the most influential of these factors in detail so that you can understand what judges are really looking for when they decide who gets primary custody in Indiana.
How Judges Evaluate Each Parent's Relationship with the Child
Of all the factors that Indiana judges consider, the quality of each parent's relationship with the child is often the most impactful. The statute directs the court to look at “the interaction and interrelationship of the child with the child's parent or parents,” and this factor carries tremendous weight in practice.
What judges are looking for is not perfection. They are looking for evidence of consistent, meaningful involvement in the child's daily life. Which parent helps with homework? Who takes the child to doctor's appointments? Who knows the child's teachers, friends, and routines? Who tucks them in at night and wakes them up in the morning? These everyday actions build a picture of the parent-child bond that judges find compelling.
Courts also look at the emotional connection between parent and child. Is there warmth and affection in the relationship? Does the child feel safe and comfortable with each parent? Is the parent responsive to the child's emotional needs? Judges often hear from teachers, therapists, coaches, and other adults who interact with the child regularly, and their observations about the child's attachment to each parent can be powerful evidence.
One factor that is sometimes underestimated is a parent's willingness to foster the child's relationship with the other parent. Indiana judges strongly favor the parent who demonstrates a genuine commitment to supporting the child's bond with both parents. A parent who badmouths the other parent, interferes with parenting time, or tries to turn the child against the other parent is sending a clear signal that their own interests come before the child's needs. This kind of behavior can significantly damage a parent's custody case. If alienating behavior is an issue in your case, our firm has written extensively about parental alienation and the legal remedies available in Indiana.
The bottom line is this: if you want to be taken seriously as a candidate for primary custody, you need to show that you are deeply and consistently involved in your child's life and that you are the kind of parent who will encourage, rather than undermine, the child's relationship with the other parent.
The Child's Wishes: When and How They Matter
Many parents wonder whether their child gets to choose who they live with. The short answer is that the child's preference can matter, but it is never the final word.
Under Indiana Code § 31-17-2-8(3), the court is required to consider the wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen years old. This does not mean that a fourteen-year-old automatically gets to pick which parent they live with. It means that the judge gives that preference additional weight as part of the broader best-interests analysis.
For younger children, the court may still consider what the child wants, but judges are understandably cautious. Young children are more susceptible to influence, and a stated preference may reflect coaching by a parent rather than a genuine feeling. Judges are trained to look for signs that a child's stated wishes have been shaped by an adult rather than arising organically.
When a judge does choose to hear from a child, it is usually done through an in-camera interview, a private conversation in the judge's chambers outside the presence of both parents. This setting is designed to reduce pressure on the child and create an environment where they can speak more freely. The judge may ask the child about their daily routine, their relationship with each parent, their feelings about school and friends in each household, and their preferences about living arrangements. In some cases, a Guardian Ad Litem may be appointed to interview the child and provide the court with a recommendation.
It is critically important that parents do not coach their children or put them in the middle of the custody dispute. Asking your child to tell the judge they want to live with you, or making them feel responsible for the outcome of the case, is harmful to the child and is exactly the kind of behavior that judges view as a red flag. The best thing you can do is reassure your child that they are loved by both parents and that the adults will work things out.
Stability and the Child's Adjustment
Indiana judges place a high value on stability and continuity in a child's life. The statute directs the court to consider the child's adjustment to their home, school, and community, and this factor often plays a decisive role in close cases.
What this means in practical terms is that the court looks at the child's current situation and asks: is the child thriving? Is the child settled in a school they like, with friends, teachers, and routines that provide structure and comfort? Does the child have ties to a community, whether through a house of worship, sports teams, or other activities? The more established and positive the child's current environment, the less inclined a judge will be to disrupt it.
This is why the “status quo” carries so much weight in Indiana custody cases. If one parent has been the primary caretaker throughout the marriage, if the child has been living in one home and attending one school, judges are often reluctant to uproot that arrangement unless there is a compelling reason to do so. The logic is straightforward: children benefit from predictability and routine, and unnecessary disruption can cause real harm.
For parents who are considering separation or divorce, this factor creates a practical consideration that is worth thinking about early. The living arrangement you establish during the separation, even before a court order is in place, can set the baseline that the court evaluates. If one parent moves out and the other remains in the family home with the children, the parent who stayed may have an advantage simply because the court will be reluctant to change what is already working.
That said, stability is not just about geography. It is also about emotional stability. A parent who provides a calm, consistent, and nurturing environment will be viewed favorably, even if the physical setting has changed. Conversely, a parent who remains in the family home but exposes the child to conflict, substance abuse, or instability is not providing the kind of environment that the court wants to protect.
Mental and Physical Health of All Parties
Indiana Code § 31-17-2-8(6) requires the court to consider the mental and physical health of all individuals involved, including the child and both parents. This factor can cut in many directions, and it is important to understand both what it does and does not mean.
Having a mental health condition does not automatically disqualify a parent from receiving primary custody. Indiana courts recognize that many people manage conditions like anxiety, depression, or PTSD effectively with treatment, and that a diagnosis alone says nothing about a person's ability to parent. What matters is whether the condition affects the parent's ability to care for the child.
If a parent's mental or physical health is genuinely impairing their capacity to meet the child's needs, whether through untreated addiction, unmanaged psychiatric illness, or a physical condition that limits their ability to provide basic care, that evidence will be relevant to the court's analysis. But the evidence must be specific and documented. Vague allegations that the other parent is “unstable” or “mentally ill” without supporting evidence from medical professionals or other credible sources are unlikely to carry weight.
On the flip side, courts also consider whether a parent's health-related behaviors affect the child's well-being. A parent who misuses alcohol or drugs in the child's presence, fails to maintain a safe home environment, or cannot consistently meet the child's physical needs because of their own health challenges may face limitations on their custody or parenting time. In high-conflict custody disputes, mental health and substance abuse issues are often central to the court's evaluation.
The child's mental and physical health also matters. If a child has special needs, medical conditions, or behavioral health challenges, the court will evaluate which parent is better equipped to manage those needs. This includes looking at which parent has historically been responsible for the child's medical care, which parent is more knowledgeable about the child's conditions, and which parent is more likely to follow through with treatment plans and therapeutic recommendations.
Domestic Violence and Its Impact on Custody Decisions
Indiana law takes domestic and family violence seriously in the custody context. Factor seven of the best-interests analysis specifically directs the court to consider evidence of a pattern of domestic or family violence by either parent.
The word “pattern” is significant here. While a single incident of violence can certainly be relevant, the statute is focused on ongoing behavior. A documented history of physical abuse, threats, harassment, or intimidation against a spouse, partner, or child creates a strong basis for limiting the violent parent's custody and parenting time. Protective orders, police reports, medical records, and witness testimony can all serve as evidence of this pattern.
When domestic violence is established, the impact on custody can be profound. Courts may deny the abusive parent primary physical custody, impose supervised visitation requirements, or restrict the parent's contact with the child in other ways. The court's overriding concern is the child's safety, and a parent who has demonstrated violent behavior toward a family member poses an inherent risk.
It is also important to understand that the presence of domestic violence does not only affect the victim's relationship with the abuser. Children who witness domestic violence suffer their own form of harm. Research consistently shows that exposure to violence between parents increases a child's risk for anxiety, depression, behavioral problems, and difficulties in school. Indiana courts are aware of this research and factor it into their analysis.
If you are a victim of domestic violence seeking custody protections, or if you need a protective order as part of your custody case, having an attorney who understands how these issues intersect with custody law is essential.
Understanding the Indiana Parenting Time Guidelines
Once a judge determines which parent will serve as the primary physical custodian, the next question is how much time the noncustodial parent will spend with the child. In Indiana, this question is governed by the Indiana Parenting Time Guidelines, a set of standards adopted by the Indiana Supreme Court that serve as the baseline for parenting time orders across the state.
The Guidelines are not a rigid formula. They are designed to establish a minimum amount of time that the noncustodial parent should spend with the child, and they are organized around the age of the child. For infants and toddlers, the Guidelines generally recommend shorter, more frequent visits that allow the child to maintain a bond with the noncustodial parent while also preserving the stability of the primary attachment. For children three years old and older, the standard schedule includes alternating weekends from Friday evening to Sunday evening, a midweek visit of up to four hours, extended time during school breaks and summer vacation, and a holiday schedule that alternates major holidays between parents each year.
The Guidelines also include a section on shared parenting, which recognizes that some families function best with a more equal division of parenting time. This section provides a framework for arrangements that approach or achieve a 50/50 split, with the understanding that shared parenting works best when the parents live relatively close to each other, can communicate and cooperate effectively, and are genuinely willing to put the child's needs first. If shared parenting is something you are exploring, our attorneys can help you understand whether it is a realistic option given your circumstances. You can learn more about how Indiana courts view equal time-sharing on our page about parenting time disputes.
It is important to remember that the Guidelines set a floor, not a ceiling. Many families adopt parenting time schedules that give the noncustodial parent significantly more time than the Guidelines prescribe. Parents are encouraged to work together to create a schedule that fits their child's specific needs, and judges generally approve agreements that exceed the minimum as long as they serve the child's best interests.
How Parenting Time Works in Practice
Understanding the Guidelines is one thing. Living with a parenting time schedule is another. In practice, parenting time in Indiana raises a whole range of questions that the Guidelines address, at least in part.
Communication between parents. The Guidelines stress that both parents should maintain open, respectful communication about the child. Both parents are entitled to information about the child's education, health, and activities, regardless of which parent has primary custody. Under Indiana law, both parents have the right to access their child's medical and educational records.
Transportation and exchanges. Unless the parents agree otherwise, the responsibility for transporting the child to and from parenting time generally falls on the noncustodial parent for pickup and the custodial parent for return. The Guidelines encourage parents to minimize conflict during exchanges and to keep third parties (such as new partners) out of the exchange process if their presence creates tension.
Makeup time. If a parent misses scheduled parenting time due to circumstances beyond their control, such as illness, work obligations, or military service, they are entitled to make up that time. However, makeup time cannot be used to take away the other parent's holiday time, special days, or previously scheduled events, and it cannot be exercised in blocks longer than three consecutive days.
Extracurricular activities. The Guidelines acknowledge that extracurricular activities enrich a child's life but caution that they should not unreasonably infringe on either parent's time. Both parents should have input on the child's activities, and neither parent should unilaterally enroll the child in programs that conflict with the other parent's scheduled time.
Relocation. If a parent plans to move, Indiana Code § 31-17-2.2 requires them to provide written notice to the other parent at least 30 days before the move if the relocation would affect parenting time. Relocations that significantly increase the distance between the parents' homes often trigger a review of the parenting time schedule and may require a court hearing if the parents cannot agree on modifications.
These practical details matter because compliance with the parenting time order is not optional. Violations can result in contempt proceedings, sanctions, and even changes to the custody arrangement itself.
Can Fathers Get Primary Custody in Indiana?
Absolutely. As mentioned earlier, Indiana law explicitly states that there is no presumption favoring either parent in custody determinations. In practice, this means that fathers are on equal legal footing with mothers when it comes to seeking primary custody.
That said, it would be dishonest to pretend that outdated assumptions about parenting roles do not sometimes linger in the culture, even if they are not reflected in the law. Some fathers worry that they will face an uphill battle in court simply because they are men. While it is true that mothers still receive primary custody in a majority of Indiana cases, the data reflects the fact that mothers are more often the primary caretakers during the marriage, not that judges are biased against fathers. When a father has been actively and consistently involved in the child's daily life, Indiana courts regularly award them primary custody.
If you are a father seeking custody, the most important thing you can do is demonstrate your involvement. Document your role in the child's education, healthcare, and daily routine. Show the court that you have a stable home, a consistent schedule, and a genuine understanding of your child's needs. And show that you support the child's relationship with their mother, because judges want to see both parents acting in the child's best interests.
For more information about how Indiana law protects the rights of fathers in custody cases, visit our dedicated page on father's rights.
Joint Custody and Shared Parenting: Is 50/50 an Option?
Joint custody is a common arrangement in Indiana, but it is important to understand what it does and does not mean. As discussed earlier, joint legal custody means both parents share decision-making authority over the child's major life choices. Joint legal custody does not necessarily mean equal parenting time.
When it comes to physical custody, Indiana courts can and do award arrangements that split the child's time roughly equally between both parents. These 50/50 arrangements have become more common as the research on shared parenting has evolved and as cultural attitudes about co-parenting have shifted. The Indiana Parenting Time Guidelines include an entire section dedicated to shared parenting plans, which the Guidelines describe as an approach that gives both parents significant and substantial parenting time.
However, shared parenting is not appropriate for every family. For a 50/50 arrangement to work, several conditions generally need to be in place. The parents need to live close enough to each other that the child can attend one school and maintain friendships and activities in one community. The parents need to be able to communicate effectively and make joint decisions without constant conflict. And both parents need to be genuinely committed to putting the child's needs ahead of their own preferences.
When these conditions are present, Indiana judges are often receptive to shared parenting plans. When they are not, the court is more likely to designate one parent as the primary physical custodian and award the other parent parenting time in accordance with the Guidelines.
The factors that courts evaluate when considering joint legal custody are outlined in Indiana Code § 31-17-2-15. These include whether the parties agree to joint legal custody, how close they live to one another, and whether they can communicate effectively enough to share in decision-making. Your attorney can help you assess whether joint custody or shared parenting is likely to be approved in your case.
Modifying Custody and Parenting Time
Custody orders are not set in stone. Indiana law recognizes that circumstances change and that a custody arrangement that once served a child's best interests may no longer be appropriate. If you believe your current custody order needs to be changed, Indiana provides a legal pathway for modification.
Under Indiana Code § 31-17-2-21, a court may modify a custody order if modification is in the best interests of the child and there has been a substantial change in one or more of the factors the court considered when making the original order. This is a two-part test. You must show both that something significant has changed and that the change justifies a different custody arrangement.
Examples of circumstances that may support a custody modification include a parent's relocation, a significant change in a parent's work schedule or living situation, the development of substance abuse or mental health issues that affect parenting ability, evidence of parental alienation or interference with parenting time, and changes in the child's own needs as they grow older.
The modification process is not automatic, and the court's strong preference for stability means that minor changes or everyday disagreements between parents are unlikely to justify a new custody order. The burden of proof falls on the parent requesting the modification, and they must present credible evidence that supports their request.
If you are considering seeking a modification of your custody or parenting time order, our firm handles these cases regularly. You can learn more about the modification process on our parenting time modification page.
The Role of Mediation in Indiana Custody Cases
Indiana courts strongly encourage mediation as a way to resolve custody disputes without a full trial. Mediation involves a neutral third-party mediator who helps the parents work through their disagreements and reach a voluntary agreement about custody and parenting time. The mediator does not make decisions for the parents. Instead, they facilitate productive conversation and help the parents find common ground.
There are several advantages to resolving custody issues through mediation rather than litigation. Mediation is generally faster, less expensive, and less adversarial than going to trial. It gives parents more control over the outcome, because the agreement is shaped by the parents themselves rather than imposed by a judge. And research suggests that parents who reach agreements through mediation are more likely to comply with those agreements over time, which reduces future conflict and returns to court.
That said, mediation is not appropriate in every situation. When there is a history of domestic violence, when one parent is unwilling to negotiate in good faith, or when the power imbalance between the parents is so significant that a fair negotiation is not possible, going directly to a hearing or trial may be the better course. An experienced child custody lawyer in Indianapolis can help you evaluate whether mediation is right for your case or whether litigation is the more effective path.
Even when parents reach an agreement through mediation, the agreement must still be submitted to the court for approval. The judge will review the agreement to ensure that it serves the child's best interests before entering it as an order. If the judge has concerns about any provision of the agreement, they can ask the parents to revise it.
What to Expect During a Custody Hearing
If you and the other parent cannot reach an agreement, the court will hold a hearing to decide custody and parenting time. Understanding what happens during a custody hearing can help you prepare and reduce some of the anxiety that comes with the process.
At the hearing, both parents have the opportunity to present evidence and testimony in support of their position. This may include testimony from the parents themselves, testimony from witnesses such as teachers, therapists, doctors, or family members, documentary evidence such as school records, medical records, and text messages or emails, and, in some cases, reports from a Guardian Ad Litem or a custody evaluator.
The judge will listen to both sides, evaluate the credibility of the witnesses, and apply the best-interests factors to the evidence presented. The judge may ask questions of the witnesses or the parents. At the conclusion of the hearing, the judge will issue a ruling that establishes custody and parenting time.
A few practical tips for preparing for a custody hearing. First, be organized. Gather your evidence well in advance and work with your attorney to identify the strongest points in your case. Second, be honest. Judges are skilled at detecting exaggeration and dishonesty, and losing credibility with the court can be devastating. Third, stay focused on the child. Judges do not want to hear about what the other parent did to you during the marriage. They want to hear about your relationship with the child, your involvement in their life, and your plan for meeting their needs going forward. Fourth, stay calm. Custody hearings are emotional, and it is natural to feel frustrated or angry. But demonstrating composure and maturity in the courtroom signals to the judge that you are the kind of parent who can handle the challenges of co-parenting.
Guardians Ad Litem and Custody Evaluations
In complex custody cases, the court may appoint a Guardian Ad Litem or order a formal custody evaluation. These tools provide the judge with independent, professional assessments of the family's circumstances and the child's needs.
A Guardian Ad Litem, or GAL, is a person appointed by the court to represent the best interests of the child. The GAL conducts an independent investigation that typically includes interviews with both parents, the child, and other relevant individuals such as teachers, therapists, and family members. The GAL may visit both parents' homes and review relevant documents. At the conclusion of their investigation, the GAL submits a report to the court with findings and recommendations.
A custody evaluation is a more comprehensive assessment conducted by a licensed mental health professional, often a forensic psychologist. The evaluator uses clinical interviews, psychological testing, behavioral observation, and collateral contacts to assess each parent's fitness and the child's needs. In cases involving allegations of mental illness, substance abuse, or parental alienation, a custody evaluation can provide the court with detailed, expert analysis that goes beyond what a GAL investigation can offer.
The recommendations of GALs and custody evaluators carry significant weight with Indiana judges, although they are advisory rather than binding. If a GAL or evaluator is appointed in your case, cooperating fully and presenting yourself honestly is essential. Trying to game the process or presenting an inauthentic version of yourself is more likely to backfire than to help.
Protecting Your Case: Practical Steps You Can Take Now
If you are facing a custody dispute in Indiana, here are some practical steps you can take to strengthen your position and protect your relationship with your child.
Stay involved in your child's life. Attend school events, medical appointments, and extracurricular activities. Know your child's teachers, doctors, and friends. The more you can demonstrate day-to-day involvement, the stronger your case will be.
Document everything. Keep a record of your parenting activities, including dates and details. Save text messages and emails that are relevant to custody issues. If the other parent is interfering with your parenting time or engaging in concerning behavior, document each incident with specifics.
Be the cooperative parent. Follow the existing parenting time schedule to the letter. Communicate respectfully with the other parent, even when it is difficult. Show the court that you are focused on the child's well-being and that you support the child's relationship with both parents.
Avoid common mistakes. Do not badmouth the other parent in front of the child. Do not use the child as a messenger or spy. Do not make major changes, like moving to a new city, without consulting your attorney first. And do not post about your custody case on social media.
Get legal representation early. Custody cases are too important and too complex to navigate alone. An experienced child custody lawyer in Indianapolis can help you understand your rights, develop a strategy, and present your case effectively.
Let Ciyou & Associates, P.C. Help You Protect What Matters Most
At Ciyou & Associates, P.C., we understand that custody disputes are about more than legal strategy. They are about your children, your family, and your future. Our firm has extensive experience representing parents in Indiana custody cases, from initial custody determinations and parenting time disputes to high-conflict custody disputes, modifications, and custody appeals.
We know what Indiana judges look for, how to present evidence effectively, and how to build a case that puts your child's best interests at the center. Whether your case involves questions about primary custody, shared parenting time, relocation, or any of the other issues discussed in this guide, we are here to help you navigate the process with confidence.
If you are ready to discuss your situation with a knowledgeable child custody attorney, we encourage you to contact our office to schedule a consultation. You do not have to face this alone.
Frequently Asked Questions
Does Indiana favor mothers in custody cases?
No. Indiana Code § 31-17-2-8 explicitly states that there is no presumption favoring either parent. Custody is determined based on the best interests of the child, and both mothers and fathers are evaluated on equal footing.
At what age can a child decide which parent to live with in Indiana?
A child cannot unilaterally decide where to live. However, the court gives more weight to a child's preference once the child reaches fourteen years old. Even then, the child's wishes are just one factor in the overall best-interests analysis.
What is the standard parenting time schedule in Indiana?
The Indiana Parenting Time Guidelines provide a minimum schedule that typically includes alternating weekends, a midweek visit, extended time during summer and school breaks, and an alternating holiday schedule. Parents are free to agree on a schedule that provides more time than the Guidelines prescribe.
Can I get 50/50 custody in Indiana?
Yes, 50/50 or shared parenting arrangements are possible in Indiana. Courts evaluate whether the parents can communicate effectively, live close enough to maintain the child's routine, and cooperate well enough for a shared arrangement to serve the child's best interests.
How can I modify my custody order in Indiana?
You must file a petition with the court and show that there has been a substantial change in circumstances and that modification is in the child's best interests. Examples include relocation, changes in a parent's fitness, or significant changes in the child's needs.
What factors do Indiana judges consider when deciding custody?
The factors outlined in Indiana Code § 31-17-2-8 include the age of the child, each parent's wishes, the child's wishes, the child's relationships and adjustment, the mental and physical health of all parties, and evidence of domestic violence, among others.
Do I need an attorney for a custody case in Indiana?
While you are not required to have an attorney, custody cases involve complex legal and factual issues that can have lifelong consequences for you and your child. Professional legal representation significantly improves your ability to present your case effectively and protect your rights.
Disclaimer
This blog post is provided by Ciyou & Associates, P.C. for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every custody situation is unique, and the outcome of any case depends on its specific facts and circumstances. Indiana law is subject to change, and the information contained in this post may not reflect the most current legal developments. For guidance tailored to your specific situation, please consult with a qualified Indiana family law attorney. If you have questions about a child custody matter, contact Ciyou & Associates, P.C. to schedule a consultation.
Citations
- Indiana Code § 31-17-2-8 (Best Interests of the Child): https://law.justia.com/codes/indiana/title-31/article-17/chapter-2/section-31-17-2-8/
- Indiana Parenting Time Guidelines (Indiana Supreme Court): https://rules.incourts.gov/Content/parenting/default.htm
- Indiana Parenting Time Guidelines, Section I, General Rules: https://rules.incourts.gov/Content/parenting/section1/current.htm
- Indiana Parenting Time Guidelines, Section II, Specific Provisions: https://rules.incourts.gov/Content/parenting/section2/current.htm
