Child Custody in Indiana (2026)

Indiana’s Best Interest Factors Under IC 31-17-2-8

The cornerstone of Indiana custody law is the eight-factor best interest analysis set forth in I.C. Section 31-17-2-8. Unlike states that provide a general directive to consider the child’s best interests without specifying particular factors, Indiana enumerates a defined list that courts must evaluate in every custody determination. This statutory framework gives parents a clear understanding of what the court will weigh.

Several features of Indiana’s best interest factors stand out. First, Indiana is one of the states that explicitly considers the age and sex of the child as a statutory factor, though courts apply this in a gender-neutral manner and do not presume that younger children belong with one parent over the other. Second, the statute gives heightened weight to the wishes of children who are at least 14 years old, creating a clear age threshold that many states lack. Third, Indiana specifically addresses de facto custodians — a person who has been the child’s primary caregiver and financial support for a specified period — giving standing to non-parents who have served in a parental role.

The de facto custodian provision under I.C. Section 31-9-2-35.5 is particularly significant. A person qualifies as a de facto custodian if they have been the child’s primary caregiver and financial supporter for six months if the child is under three years old, or for one year if the child is three or older. Once recognized, a de facto custodian has standing to seek custody, and the court applies the same best interest factors to evaluate their petition.

Overview of Indiana Custody Law

Indiana custody law is governed primarily by I.C. Section 31-17-2-8, which establishes the best interest factors courts use to determine custody arrangements. Indiana uses the traditional terms “legal custody” and “physical custody” and directs courts to make all decisions based on the best interests of the child. The state does not favor one parent over the other based on gender.

Indiana provides clear guidelines for parenting time through the Indiana Parenting Time Guidelines, which serve as a default schedule when parents cannot agree on their own arrangement. Courts have broad discretion to fashion custody orders that fit the specific needs of each family.

Types of Custody in Indiana

Indiana recognizes both legal and physical custody:

• Joint Legal Custody — Both parents share the responsibility for making major decisions regarding the child’s education, health care, and religious upbringing. Joint legal custody is not presumed but can be ordered by the court when it serves the child’s best interests.
• Sole Legal Custody — One parent holds the exclusive right to make major decisions for the child. This may be awarded when the parents cannot communicate effectively or when joint decision-making would not be in the child’s best interest.
• Joint Physical Custody — The child lives with both parents for significant periods. Indiana does not require an equal time split but contemplates meaningful residential time with each parent.
• Sole Physical Custody — The child resides primarily with one parent, and the other parent has parenting time as outlined in the court’s order or the Indiana Parenting Time Guidelines.

For a broader explanation of custody types, see our guide on child custody laws explained.

Best Interests Factors

Under I.C. Section 31-17-2-8, Indiana courts evaluate 8 factors when determining the best interests of the child:

• The age and sex of the child
• The wishes of the child’s parent or parents
• The wishes of the child, with more consideration given to the child’s wishes if the child is at least 14 years of age
• The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests
• The child’s adjustment to home, school, and community
• The mental and physical health of all individuals involved
• Evidence of a pattern of domestic or family violence by either parent
• Evidence that the child has been cared for by a de facto custodian

The court weighs these factors together and has discretion to determine the arrangement that best serves the child.

Custody Presumptions

Indiana does not have a statutory presumption in favor of joint custody. While joint legal custody can be ordered, the court is not required to presume it is in the child’s best interest. The court evaluates each case individually under the best interest factors. In practice, many Indiana courts award joint legal custody when the parents demonstrate an ability to cooperate, but sole custody is also a common outcome when circumstances warrant it. For more on how courts approach these decisions, see our guide on how child custody is determined.

Child’s Preference

Indiana sets a notable threshold at age 14. Under I.C. Section 31-17-2-8(3), the court gives “more consideration” to the wishes of a child who is at least 14 years of age. This does not mean the child’s preference controls the outcome, but it does carry significant weight. The court may consider the wishes of younger children as well, though they receive less formal weight. The judge evaluates whether the child’s preference reflects genuine reasoning and independent thought.

Indiana Parenting Time Guidelines

Indiana has adopted the Indiana Parenting Time Guidelines, which provide a default parenting time schedule when parents cannot agree on their own arrangement. The guidelines establish a framework that includes:

• Regular parenting time on alternating weekends and one weekday evening
• Alternating holidays and extended summer parenting time
• Special provisions for very young children (under age 3)
• Adjustments for parents who live more than 100 miles apart

The guidelines serve as a minimum standard. Parents are free to agree on a more generous schedule, and courts may deviate from the guidelines when circumstances require it.

Relocation Rules

Indiana has specific relocation notice requirements under I.C. Section 31-17-2.2. A parent who intends to relocate must provide written notice to the other parent at least 90 days before the proposed move. The notice must include the new address, the date of the intended move, and a revised parenting time proposal.

The non-relocating parent may file an objection within 60 days of receiving notice. If an objection is filed, the court holds a hearing and considers the reasons for the move, the impact on the child’s relationship with both parents, and whether a modified parenting time schedule can preserve the child’s relationship with the non-moving parent. The relocating parent bears the burden of showing the move is made in good faith and is in the child’s best interest.

Mediation

Indiana does not have a statewide mandatory mediation requirement for all custody cases. However, many Indiana courts encourage or order mediation in contested custody matters, and some counties have local rules requiring mediation before a custody case can proceed to trial. Mediation can be an effective tool for reaching a parenting time agreement without the expense and stress of a full hearing.

Modification of Custody Orders

To modify an existing custody order in Indiana, the parent seeking the change must demonstrate a substantial change in circumstances that is so significant it makes the existing order unreasonable. Under I.C. Section 31-17-2-21, the court considers whether the modification would serve the child’s best interests. The threshold for modifying custody is intentionally high to promote stability and prevent frequent relitigation.

Parenting time modifications may be easier to obtain than changes to legal or physical custody, particularly when the modification addresses scheduling practicalities rather than fundamental changes in the custodial arrangement.

When to Seek Legal Help

Indiana custody law provides a structured framework with clear best interest factors, specific relocation notice requirements, and established parenting time guidelines. The 90-day relocation notice requirement and the weight given to a child’s preference at age 14 are particularly significant features of Indiana law. If you are facing a custody dispute, a relocation situation, or a modification request, consider scheduling a free consultation to discuss your options with a qualified professional.

Frequently Asked Questions

At what age does a child’s preference carry more weight in Indiana?

Under I.C. Section 31-17-2-8(3), the court gives “more consideration” to the wishes of a child who is at least 14 years of age. This does not mean the child’s preference controls the outcome, but it carries significant weight. Younger children’s preferences may also be considered but receive less formal weight.

What are the Indiana Parenting Time Guidelines?

Indiana has adopted default Parenting Time Guidelines that apply when parents cannot agree on their own schedule. The guidelines establish alternating weekends, one weekday evening, alternating holidays, extended summer time, special provisions for children under age 3, and adjustments for parents living more than 100 miles apart. Parents may agree to a more generous schedule.

What are Indiana’s relocation notice requirements?

Under I.C. Section 31-17-2.2, a parent must provide written notice at least 90 days before a proposed move. The notice must include the new address, date of the intended move, and a revised parenting time proposal. The non-relocating parent has 60 days to file an objection. The relocating parent bears the burden of showing the move is in good faith and in the child’s best interest.

How is custody modified in Indiana?

Under I.C. Section 31-17-2-21, the requesting parent must show a substantial change in circumstances so significant that it makes the existing order unreasonable. The threshold is intentionally high to promote stability. The court then evaluates whether the modification serves the child’s best interests using the same 8 statutory factors.

What is a de facto custodian under Indiana law?

Under I.C. Section 31-9-2-35.5, a de facto custodian is a person who has been the child’s primary caregiver and financial supporter for at least six months (if the child is under three) or one year (if the child is three or older). Once recognized, a de facto custodian has standing to petition for custody and is evaluated under the same best interest factors that apply to parents.

Can grandparents get visitation rights in Indiana?

Under I.C. Section 31-17-5, grandparents may petition for visitation if the child’s parent is deceased, the parents’ marriage has been dissolved, or the child was born out of wedlock. The grandparent must demonstrate that visitation is in the child’s best interest. Courts balance the grandparent’s petition against the parents’ constitutional right to make decisions about their child’s upbringing.

How This Guide Was Researched

This guide draws on Indiana Code Title 31, Article 17, Chapter 2 (child custody), with particular focus on I.C. Section 31-17-2-8 (the eight best interest factors), I.C. Section 31-17-2-21 (modification standard), I.C. Section 31-17-2.2 (relocation notice requirements), and I.C. Section 31-9-2-35.5 (de facto custodian definition). The Indiana Parenting Time Guidelines were reviewed for the default parenting time framework. Grandparent visitation rights were confirmed under I.C. Section 31-17-5. All provisions were verified against the Indiana Judicial Branch Self-Service Legal Center and relevant Indiana appellate decisions.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• I.C. § 31-17-2-8 (eight best interest factors: age and sex, parental wishes, child’s wishes at age 14, relationships, adjustment, mental and physical health, domestic violence, de facto custodian)
• I.C. § 31-17-2-21 (modification of custody: substantial change in circumstances standard)
• I.C. § 31-17-2.2 (relocation: 90-day notice requirement, burden of proof on relocating parent)
• I.C. § 31-9-2-35.5 (definition of de facto custodian)
• I.C. § 31-17-5 (grandparent visitation rights)
• Indiana Parenting Time Guidelines (default parenting time schedule, distance provisions, provisions for young children)

Official Indiana Resources

• Indiana Judicial Branch — Self-Service Legal Center
• Indiana Self-Service Legal Center — Family Legal Resources

Additional Indiana Resources

• Indiana Legal Services — Family Law
• Indiana Parenting Time Guidelines (PDF)

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• Custody in Indiana: A Complete Overview
• Custody Factors in Indiana
• Divorce in Indiana
• Child support in Indiana
• Types of child custody
• How child custody is determined
• 50/50 custody
• Custody mediation