Child Custody Factors
Indiana courts determine custody based on what is in the child’s best interest. Under § 31-17-2-8, the court must consider a total of nine factors, including:
- The wishes of the child and their parents
- The child’s existing relationship with their parents and siblings
- the child’s adjustment to their home, school, and community
- The mental and physical health of all individuals involved
- Any history of domestic or family violence by either parent
How to File for Custody in Indiana
1. Agree on a Parenting Plan
In Indiana, the legal process for divorcing parents who agree on the terms of custody is much simpler than those who disagree. They can indicate the type of custody they want on their divorce packet and agree to follow Indiana’s Parenting Time Guidelines,[1] which provide a baseline that parents should implement at a minimum when determining the terms of custody.
Parents may indicate an alternative arrangement on the form.
2. Calculate Child Support
Indiana’s child support guidelines[2] are based on the income shares model, which calculates child support as the share of each parent’s income estimated to have been spent on the child if the parents never separated.
Use the Indiana courts’ child support calculator to estimate how much child support will be ordered by the court based on each parent’s income, childcare expenses, and other factors.
3. Complete Required Forms
Fill out the Divorce with Children packet, which contains the following documents:
- Appearance
- Confidential Appearance
- Petition for Dissolution
- Summons
- Notice of Provisional Hearing
- Order on Provisional Hearing
- Waiver of Final Hearing
- Settlement Agreement and Decree
In addition, complete the Child Support Worksheet.
6. Receive Court Order
For parents who agree on the custody terms, the judge will review the proposed settlement agreement and finalize it if it is deemed to be in the child’s best interest. For parents who disagree, the court will issue a final order determining the custody terms following the hearing.
Custody Laws
- Child’s preference: The court will consider the child’s wishes, with more consideration given if they are age 14 or older.[3]
- Grandparents’ visitation rights: Title 31, Article 17, Chapter 5
- Non-custodial parent’s visitation rights: Title 31, Article 17, Chapter 4
- Uniform Child Custody Jurisdiction Act: Title 31, Article 21
Related Forms