Understanding Indiana child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody Indiana recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains Indiana’s custody framework in clear terms.
Verified against Indiana family law statutes as of April 2026.
In This Indiana Custody Guide:
Types of Custody in Indiana
Indiana recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: NO — Indiana has no statutory presumption favoring joint custody in the initial determination. IC 31-17-2-8 states there is no presumption favoring either parent. Courts decide based solely on the best interests of the child. Joint custody may be awarded under IC 31-17-2-13 if in the child’s best interests, and joint legal custody may be granted regardless of how parenting time is divided under IC 31-17-2-14. In practice, joint legal custody is common, but joint physical custody requires a specific court finding. NOTE: HB 1067 (2025 session) proposed a rebuttable presumption of equal parenting time when joint legal custody is awarded, with an effective date of July 1, 2025 — its enacted status is UNVERIFIED and should be confirmed at iga.in.gov.
Indiana Best Interest of the Child Standard
The best interests of the child standard is the primary framework Indiana courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
Indiana courts evaluate these best interest factors when making custody decisions:
- Under IC 31-17-2-8
- courts must consider all relevant factors including: (1) The age and sex of the child; (2) The wishes of the child’s parent or parents; (3) The wishes of the child
- with more consideration given if the child is at least 14 years of age; (4) The interaction and interrelationship of the child with the child’s parent or parents
- siblings
- and any other person who may significantly affect the child’s best interests; (5) The child’s adjustment to the child’s home
- school
- and community; (6) The mental and physical health of all individuals involved; (7) Evidence of a pattern of domestic or family violence by either parent; (8) Evidence that the child has been cared for by a de facto custodian
- and if the court finds sufficient evidence
- the court shall consider additional factors under IC 31-17-2-8.5(b); (9) A designation in a power of attorney of the child’s parent or a person found to be a de facto custodian of the child.
Child’s preference: In Indiana, a child’s custody preference may be considered when the child reaches 14 — Indiana law (IC 31-17-2-8, factor 3) gives “more consideration” to the child’s wishes when the child is at least 14 years of age. Children of any age may express preferences, but the statute specifically elevates the weight at age 14. A child cannot unilaterally decide custody at any age; the preference is one factor among the nine statutory factors.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
Indiana Parenting Plans
While Indiana may not strictly require a formal parenting plan, courts strongly encourage parents to create one. A well-drafted parenting plan reduces future conflicts by addressing schedules, holidays, decision-making, and communication expectations.
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
Indiana Custody Relocation Rules
Under IC 31-17-2.2, any relocating individual subject to a custody or parenting time order must file a notice of intent to move with the clerk of the court that issued the order. Notice must be served on each nonrelocating party. The notice must include: the relocating individual’s new address and phone numbers, intended move date, specific reasons for the relocation, a proposed revised parenting time schedule, and statements about the nonrelocating parent’s right to respond (within 20 days) and file a petition to prevent relocation or modify orders. EXCEPTIONS — no notice required if: (a) relocation was addressed by a prior court order; (b) relocation will decrease the distance between residences; or (c) relocation increases distance by not more than 20 miles AND allows the child to stay in the same school.
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Notice requirement: The relocating parent must provide 30 — The notice must be filed and served not later than 30 days before the intended relocation date, or not more than 14 days after the relocating individual becomes aware of the relocation, whichever is sooner (IC 31-17-2.2). days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying Indiana Custody Orders
Under IC 31-17-2-21, a custody order may be modified only when both conditions are met: (1) There must be a substantial change in one or more of the statutory best interest factors listed in IC 31-17-2-8; and (2) The modification must be in the best interests of the child. The court re-examines the same best interest factors. A court will not modify simply because one party wants a different result.
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in Indiana Custody
Domestic violence: Domestic violence is a specifically enumerated best interest factor under IC 31-17-2-8(7) — “evidence of a pattern of domestic or family violence by either parent.” Under IC 31-17-2-8.3, if a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the child, there is a rebuttable presumption that the court shall order supervised parenting time for at least one (1) year and not more than two (2) years immediately following the crime, or until the child becomes emancipated, whichever occurs first. The court may require completion of a certified batterer’s intervention program (Indiana Coalition Against Domestic Violence) before granting unsupervised parenting time. If a parent has criminal convictions or corroborated allegations of domestic violence, the court presumes the other parent should have sole custody (rebuttable).
Grandparent visitation: YES — Under IC 31-17-5-1, a grandparent may seek visitation rights if: (1) the child’s parent is deceased; (2) the marriage of the child’s parents has been dissolved in Indiana; or (3) the child was born out of wedlock (subject to paternity restriction). A court may NOT grant visitation to a paternal grandparent of a child born out of wedlock if the father has not established paternity. The standard is the best interests of the child, and the court may consider whether the grandparent has had or attempted meaningful contact. Grandparent visitation rights survive adoption by a stepparent or biologically related person (IC 31-17-5-9), but do not survive adoption by an unrelated third party. An official IN.gov FAQ page confirms these rights: faqs.in.gov/hc/en-us/articles/115005223188.
Unmarried parents: When a child is born to unmarried parents in Indiana, the mother automatically has sole legal and physical custody until paternity is legally established. Putting the father’s name on the birth certificate alone does NOT constitute official paternity establishment. Paternity can be established two ways: (1) Paternity Affidavit — both parents sign an affidavit (often at the hospital), which may include agreement to joint legal custody; or (2) Court Order — either parent can ask the county prosecutor’s office to open a paternity case (typically involves DNA testing). When paternity is established via affidavit, parents automatically get joint physical custody and the mother retains sole legal custody unless agreed otherwise on the form. The father is guaranteed minimum parenting time under the IPTG. After paternity is established, custody laws apply identically regardless of marital status — the father may seek custody on the same basis as a married parent under IC 31-17-2-8.
Guardian ad litem: YES — Under IC 31-17-6, a court may appoint a guardian ad litem (GAL), a court-appointed special advocate (CASA), or both, for a child at any time during custody (IC 31-17-2), parenting time (IC 31-17-4), or related proceedings. The GAL/CASA represents and protects the best interests of the child and is considered an officer of the court. The GAL has subpoena powers. The court may order continuing supervision to ensure custodial/parenting time terms are carried out. Either or both parents may be ordered to pay a user fee for GAL/CASA services.
Additional Indiana rules: (1) Indiana Parenting Time Guidelines (IPTG) — unique court-adopted guidelines (not a statute) establishing a presumptive minimum parenting time schedule for noncustodial parents, updated January 1, 2022; deviations below the minimum require a written explanation. (2) No gender preference — Indiana explicitly states no presumption favoring either parent, including no preference for mothers over fathers. (3) De facto custodian framework (IC 31-17-2-8.5) — provides a codified pathway for non-parent caregivers to seek custody by clear and convincing evidence, with specific additional factors the court must consider. (4) Power of attorney factor — Indiana is unusual in listing a parent’s designation in a power of attorney as a specific best interest factor (IC 31-17-2-8, factor 9). (5) Grandparent visitation surviving stepparent adoption (IC 31-17-5-9) — grandparent visitation rights are preserved after stepparent adoption, which is not universal among states. (6) HB 1067 (2025) — proposed equal parenting time presumption when joint legal custody is awarded; enacted status UNVERIFIED.
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- Indiana Custody Statute: Indiana Code Title 31, Article 17 (IC 31-17). Key sections: IC 31-17-2-8 (best interest factors), IC 31-17-2-8.3 (supervised parenting time — DV), IC 31-17-2-8.5 (de facto custodian), IC 31-17-2-13 (joint custody), IC 31-17-2-14 (joint legal custody), IC 31-17-2-21 (modification), IC 31-17-2.2 (relocation), IC 31-17-5 (grandparent visitation), IC 31-17-6 (guardian ad litem), IC 31-9-2-67 (definition of joint legal custody).
Last verified April 2026. Contact us if you notice outdated information.