Updated January 29, 2024
An Indiana custody (parenting) plan is a document that outlines important terms of child custody during a separation or divorce, such as parenting time, financial responsibilities, and more. While Indiana does not legally require a parenting plan when filing for custody, it can be helpful to specify the unique needs of the child and the family’s circumstances.
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
Table of Contents |
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.
4. Sign and File with County Clerk
All the required forms should be signed by both parties in the presence of a notary public and filed with the court clerk. Filing fees vary by county.
5. Attend the Hearing
If parents are unable to reach a settlement after mediation, a final hearing will be held for the court to review all testimonies and evidence to determine the best interest of the child.
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
