Indiana Child Custody Factors

Indiana custody decisions are governed by the best interest of the child standard. Under Indiana Code 31-17-2-8, courts must consider a specific set of factors when determining custody and parenting time. Indiana also provides detailed Parenting Time Guidelines that establish presumptive schedules for different ages and circumstances.

This article explains the custody types available in Indiana, the best interest factors, the Parenting Time Guidelines, and the process for modifying an existing custody order. For a national overview, see our guide on how child custody is determined.

Types of Custody in Indiana

Indiana recognizes two distinct categories of custody, each of which can be awarded solely to one parent or jointly to both.

Legal Custody

Legal custody refers to the right and responsibility to make major decisions about the child’s upbringing, including:

• Education—school selection, special education services, tutoring
• Healthcare—medical treatment, therapy, medication decisions
• Religious upbringing—church attendance, religious education, ceremonies
• Extracurricular activities—sports, clubs, and other significant commitments

Joint legal custody means both parents share decision-making authority. Sole legal custody means one parent has the exclusive right to make these decisions. Indiana courts frequently award joint legal custody, but when high conflict makes joint decision-making impractical, the court may award sole legal custody to one parent.

Physical Custody

Physical custody determines where the child lives on a day-to-day basis.

Primary physical custody means the child resides primarily with one parent, with the other parent having parenting time according to a schedule. Joint physical custody means the child spends substantial time with both parents. Indiana does not require an exact 50/50 split—the court focuses on a schedule that serves the child’s best interests.

The Best Interest Factors Under IC 31-17-2-8

When determining custody, Indiana courts evaluate the following factors under Indiana Code 31-17-2-8:

Factor 1: The age and sex of the child

While Indiana law prohibits giving custody preference based on a parent’s sex, the court considers the child’s age and developmental needs. Younger children may have different needs than teenagers, and the court evaluates which custody arrangement best addresses those age-specific needs.

Factor 2: The wishes of the child’s parent or parents

The court considers each parent’s preferred custody arrangement. A parent who proposes a realistic, child-focused plan strengthens their position.

Factor 3: The wishes of the child

Indiana considers the child’s own preference, with the weight given depending on the child’s age and maturity. Under IC 31-17-2-8(3), the statute specifically provides that more consideration is given to the wishes of a child who is at least 14 years of age. However, even at 14, the child does not get to unilaterally “choose” — the preference is one factor among many. A mature teenager’s well-reasoned preference carries significant weight, while a young child’s preference receives less consideration — particularly if it appears influenced by a parent. The court may interview the child in chambers to assess their wishes.

Factor 4: The interaction and interrelationship of the child with parents, siblings, and other significant persons

This factor examines the quality of the child’s relationships—the bond with each parent, relationships with siblings (including half-siblings and step-siblings), and the involvement of grandparents and extended family. Courts strongly prefer to keep siblings together.

Factor 5: The child’s adjustment to home, school, and community

Stability matters. A child thriving in their current school, neighborhood, and social environment benefits from continuity. A parent who can maintain the child’s current environment has an advantage under this factor.

Factor 6: The mental and physical health of all individuals involved

The court evaluates the mental and physical health of both parents and the child. A mental health diagnosis does not automatically disqualify a parent. The relevant question is whether the condition affects the parent’s ability to provide safe, effective care.

Factor 7: Evidence of a pattern of domestic or family violence by either parent

This is one of the most heavily weighted factors. A documented pattern of violence weighs heavily against the violent parent. Indiana Code 31-17-2-8.3 creates a rebuttable presumption that awarding custody or unsupervised parenting time to a parent who has committed domestic violence is not in the child’s best interest.

Factor 8: Evidence that the child has been cared for by a de facto custodian

A de facto custodian is a person who has been the child’s primary caregiver and financial support for a specified period—six months for a child under age three, or one year for a child age three or older. If a de facto custodian is involved in the case, the court considers the child’s relationship with that person as part of the best interest analysis.

Indiana Parenting Time Guidelines

Indiana’s Parenting Time Guidelines (adopted by the Indiana Supreme Court under Administrative Rule 6) provide a detailed framework for parenting time schedules. These guidelines establish presumptive minimum parenting time for the non-custodial parent and address specific situations based on the child’s age.

Parenting Time for Infants and Toddlers (Birth to Age 3)

For very young children, the guidelines call for frequent, shorter visits (multiple times per week) to maintain the parent-child bond without disrupting attachment. Overnight visits are introduced gradually as the child matures.

Parenting Time for Children Ages 3 and Older

For children age three and older, the guidelines establish a more robust schedule: alternating weekends (Friday evening to Sunday evening), one weekday evening per week, extended summer parenting time (typically half of summer break), and alternating holidays.

The guidelines provide specific holiday schedules covering Thanksgiving, Christmas/winter break, spring break, Easter, Memorial Day, July 4th, Labor Day, and each parent’s birthday.

Overnight Parenting Time

For younger children, overnights are introduced gradually. For school-age children, overnight parenting time is the standard. The guidelines recognize that overnights are important for developing a full parent-child relationship that includes bedtime routines, morning routines, and everyday family life.

Long-Distance Provisions

When parents live far apart, the guidelines provide a modified framework emphasizing extended blocks of time during school breaks, liberal telephone and video communication between visits, shared transportation responsibilities, and adequate advance notice for travel.

Holiday Schedules

The guidelines include a detailed holiday rotation alternating on an odd-year/even-year basis. The schedule covers Thanksgiving, Christmas/winter break (divided into two blocks), spring break, Mother’s Day and Father’s Day (always with the respective parent), the child’s birthday, each parent’s birthday, and summer holiday weekends. The holiday schedule takes priority over the regular parenting time schedule.

Guardian Ad Litem

In contested custody cases, the court may appoint a guardian ad litem (GAL)—an attorney or trained professional who represents the child’s best interests. The GAL conducts an independent investigation that may include interviewing both parents and the child, visiting each parent’s home, reviewing school and medical records, and speaking with teachers, coaches, and therapists.

The GAL submits a report with findings and recommendations. While the judge is not bound by the GAL’s recommendations, the report carries significant weight. The cost is typically divided between the parents, though the court may allocate it based on each parent’s ability to pay.

Modification of Custody

Under Indiana Code 31-17-2-21, an existing custody order can be modified when a parent shows a substantial change in one or more best interest factors and that the modification serves the child’s best interest.

Common triggers include a parent’s relocation, a significant change in a parent’s work schedule or living situation, evidence of substance abuse or domestic violence, changes in the child’s needs, the child’s maturation, or one parent’s persistent failure to follow the custody order.

The parent seeking modification bears the burden of proof. The change must be substantial, and the modification must serve the child’s best interest.

For more on custody modification, see our guide on modifying a custody order.

Relocation

When a custodial parent wants to move with the child, Indiana law requires written notice to the non-relocating parent at least 90 days before the intended move under Indiana Code 31-17-2.2. The notice must include the intended date, new address, reasons for the relocation, and a proposed revised parenting time schedule.

The non-relocating parent may file an objection. If contested, the court holds a hearing considering the child’s best interest and the feasibility of preserving the relationship with both parents. See our guide on relocation and custody.

What to Do Next

If you are preparing for a custody case in Indiana, take these steps:

1. Understand the best interest factors. Review each factor under IC 31-17-2-8 and assess how it applies to your situation. Identify your strengths and prepare to address any areas of concern.
2. Document your parenting involvement. Keep records of school events you attend, medical appointments you manage, activities you supervise, and the daily care you provide. Concrete evidence of hands-on parenting is more persuasive than general claims.
3. Follow the Parenting Time Guidelines. Familiarize yourself with Indiana’s Parenting Time Guidelines and demonstrate your commitment to the child’s relationship with both parents.
4. Demonstrate cooperation. Courts favor parents who facilitate the child’s relationship with the other parent. Communicate respectfully, follow existing orders, and avoid involving the child in parental conflict.
5. Consult an Indiana custody attorney. Custody cases are fact-intensive and the stakes are high. Schedule a free consultation with a family law attorney who can evaluate your situation and help you build the strongest possible case under Indiana law.

Frequently Asked Questions

At what age can a child choose which parent to live with in Indiana?

There is no specific age at which a child can choose. Indiana courts consider the child’s wishes as one factor in the best interest analysis, with the weight given to that preference depending on the child’s age and maturity. A teenager’s thoughtful, well-reasoned preference carries more weight than a young child’s. The court also evaluates whether the preference appears genuine or influenced by a parent.

Does Indiana favor mothers in custody decisions?

No. Indiana law explicitly prohibits giving preference to a parent based on sex. Under IC 31-17-2-8, the court evaluates the best interest factors without regard to whether the parent is the mother or the father. Custody decisions are based on each parent’s relationship with the child, parenting involvement, stability, and other relevant factors.

What are Indiana’s Parenting Time Guidelines?

The Indiana Parenting Time Guidelines are a set of presumptive schedules adopted by the Indiana Supreme Court. They establish minimum parenting time for the non-custodial parent, including regular weekday and weekend schedules, holiday rotations, summer break arrangements, and provisions for long-distance situations. The guidelines are tailored to the child’s age and developmental needs.

Can a custody order be changed in Indiana?

Yes. Either parent can request a modification by showing a substantial change in one or more of the best interest factors and that the modification serves the child’s best interest. Common triggers include relocation, changes in a parent’s circumstances, or changes in the child’s needs. The parent requesting the modification bears the burden of proof.

What is a guardian ad litem in Indiana custody cases?

A guardian ad litem (GAL) is an attorney or trained professional appointed by the court to represent the child’s best interests. The GAL investigates by interviewing parents and children, visiting homes, and reviewing records. The GAL’s report is not binding but is highly influential in the judge’s decision.