How Child Custody Is Determined in Indiana

When parents separate or divorce, one of the most important decisions the court will make involves the custody of their children. Here is how Indiana courts approach custody determinations.

For parents going through a separation or divorce , child custody is often the most emotionally significant issue in the case. Indiana law provides a framework for how custody decisions are made. Understanding this framework can help parents prepare for the process and advocate for arrangements that serve their children’s well-being.

Indiana recognizes two types of custody: physical custody and legal custody. Physical custody refers to where the child primarily lives and who provides day-to-day care. Legal custody refers to the right to make significant decisions about the child’s life, including decisions related to education, healthcare, and religion. A court may award one parent sole legal custody and primary physical custody, or it may award joint custody (physical and/or legal), in which both parents share regular care responsibilities or decision-making authority, , or both.

The standard in every custody determination in Indiana is the best interests of the child. When evaluating the best interests of the child, the court considers several factors, including but not limited to the age and needs of the child, the wishes of each parent, the relationship between the child and each parent as well as siblings, the child’s adjustment to home, school, and community, and the mental and physical health of all individuals involved. If the child is fourteen years of age or older, the court gives more weight to the child’s wishes, though the child cannot unilaterally decide where to live. The Court considers all relevant factors when making its final determination.

When one parent is awarded primary physical custody, the other parent is generally entitled to parenting time under the Indiana Parenting Time Guidelines at a minimum, which set forth recommended schedules for regular parenting time, holidays, and summer breaks. The court may deviate from the guidelines when circumstances call for such a deviation. The court may even order supervised parenting time if there are concerns about a child’s safety.

Custody orders may be changed if there has been a substantial change in circumstances. However, the parent seeking modification must demonstrate that the change is in the best interests of the child. Courts generally will not modify custody arrangements based on a parent’s personal preferences alone.

If you are facing a custody dispute or need to modify an existing custody arrangement, the family law attorneys at McNeelyLaw can help you understand your rights and work toward an outcome that protects your children. Contact us today to schedule a consultation.

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.