“Best Interests of the Child” standard in Indiana

Child custody disputes are emotionally taxing on both the parents as well as the children. In Indiana, “the best interests of the child” standard is the cornerstone of child custody disputes. Courts will look to these factors in determining which parent should be awarded custody of a child. When reviewing these factors, they are viewed through the lens of the child and not the parent. This is to ensure that the decision is one that prioritizes the needs and well-being of the child. This approach emphasizes the importance of recognizing that in the event of divorce or separation of parents, the children are significantly impacted.

In the courts’ analysis, there is no presumption that favors the mother over the father, or vice versa. Instead, Indiana’s family statutes set out specific factors that a court should consider when determining the best interests of the child, including:

· The age and sex of the child;

· The wishes of the child’s parents;

· The wishes of the child (with more consideration given if the child is at least 14 years old);

· The interaction and interrelationship of the child with their parents, siblings, and any other important individuals;

· The child’s adjustment to home, school, and community;

· The mental and physical health of all parties involved;

· Evidence of a pattern of domestic or family violence by either parent; and

· Evidence that the child has been cared for by someone other than a parent.

In addition to the factors specifically set out by law, courts are required to consider any other relevant factors as well. These can include:

· Each parent’s ability to foster a supportive home life for the children;

· How stable each home environment is;

· How willing each parent is to help maintain the child’s relationship with the other parent; and

· The history and level of caregiving the parent has provided.

Although the analysis is focused on the child, the fitness of each parent does play a role in determining which parent is best suited to serve as the custodian of the child. By requiring the courts to consider all relevant factors when making a custody determination, Indiana’s laws promote a process to ensure that even when the conflict between the parents is contentious, the ultimate decisions are made based on the child, not the parents.

If you have need assistance with a case involving child custody issues, please reach out to one of our attorneys at McNeelyLaw LLP by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.