Key Takeaways
- Indiana child custody laws determine who can make important decisions for a child and which parent’s home a child will live in.
- Numerous factors impact the court’s decision on how to award legal and physical custody based on the sex of the child, relationships with parents, the wishes of the child (if over the age of 14), and other factors.
- When possible, both parents should come to an agreement on child custody matters. If that is not possible, the court will decide on all unresolved matters based on the child’s best interests.
- Cordell & Cordell provides legal advice and guidance to men and fathers fighting for their rights under Indiana family law.
Your primary concern as a parent is your child’s well-being and stability. One of the most important things you can do for your child is be there for them.
However, that can get complicated when you get divorced. Luckily, Indiana believes strongly in the importance of parenting time for childhood development.
Learn about the Indiana child custody process, what factors the court uses to determine custody arrangements, and how a skilled Indiana custody lawyer can help you fight for what’s best for your child.
The Types of Child Custody in Indiana
While the court prefers for parents to agree on how custody matters will work, if that cannot occur, the court will decide what happens based on the best interests of the child. In Indiana, there are two main forms of custody: legal custody and physical custody.
Physical Custody vs. Legal Custody
In Indiana, parents can share physical and legal custody. Alternatively, legal and physical custody could be awarded to just one parent if the court believes this is in the best interests of the child.
Legal custody refers to a parent’s right to make key decisions about the child. That includes education, religious, medical, and other decisions about the child’s life. In many situations, the court will appoint both parents to share joint legal custody, meaning both parents can make decisions about these areas. In many situations, one parent cannot make unilateral decisions without the other parent consenting to that decision, such as where the child goes to school or the type of medical care received. The court prefers to issue joint legal custody.
Alternatively, the court may appoint sole legal custody of the child to just one parent. In this situation, the parent with sole legal custody does not have to consult the other parent when making any decisions related to the child.
The second decision relates to physical custody of the child, which refers to where the child will live most of the time. In Indiana, the courts typically use the term “parenting time” to delineate where the child will spend most of his or her time. This is the preferred term instead of child custody or child visitation. The objective of the court is that both parents spend time with their child, as long as that is in the best interest of the child.
The court can award sole physical to one parent or allow for joint custody. In situations of shared physical custody, an agreement on when and how each parent will spend time with the child is included.
Under the Indiana child custody laws (Ind. Code § 31-17-2-14 (2023).), the court can award parents physical custody and legal custody or may rule separately in each situation.
How is Child Custody Determined in Indiana?
Indiana courts use a variety of factors to determine custody arrangements while focusing on the child’s best interests. In the ideal situation, the parents reach an agreement through a parenting plan. If this does not occur, the judge will use factors such as the following to resolve any disputes.
- The child’s age and gender
- The child’s preferences, if the child is at least 14 years of age
- The wishes of the child’s parents
- The child’s relationship with each parent, as well as any siblings or other person who may play a significant role in their life
- The child’s current adjustment to their home, school, and community
- Any evidence that either parent has engaged in domestic violence
- The mental and physical health of the child and each parent
- Any evidence that someone other than the parents cared for the child
Under Ind. Code § 31-17-2-8, 31-17-2-8.1 (2023), Indiana law does not favor one parent over the other. It specifically prohibits discrimination against any parent with disabilities when making custody decisions.
What are Indiana Parenting Time Guidelines?
It is critical to understand Indiana parenting time guidelines. These rules address how the non-custodial parent will spend time with their child. The guidelines follow a set of rules based on the developmental stages of the child. There are three key age groups:
- Infants and children up to 3 years of age
- Young children (elementary-aged children)
- Adolescents and teenagers
The guidelines provide some flexibility to allow for parenting time to be adjusted to the specific needs of the family and their current circumstances. In general, they are meant to represent the minimum amount of time that a non-custodial parent will spend with their child. However, the parents’ agreement or a judge’s order can supersede these rules if it is in the best interests of the child.
The guidelines recommend the creation of a parenting time schedule based on the child’s development stage. The schedule should consider factors such as:
- Overnight stays
- Mid-week visits
- Weekends
- Holiday schedules
- Summer vacations from school
- School breaks
Many scenarios may apply in each of these areas based on the child’s adjustment to the divorce. A custody order can address visitation rights with others as well, including grandparent visitation matters. Note that a court order can create a specific custody agreement that fits the family’s needs beyond what these guidelines aim to establish.
What is a Parenting Plan, and Do I Need One?
Even if both parents agree on factors such as child custody and support, a parenting plan is beneficial. It works to detail exactly how parents will share the rights and responsibilities of raising their child. The parenting plan should include a time schedule as well as the legal custody arrangements. It should outline all co-parenting rules.
What Are the Indiana Child Custody Laws for Unmarried Parents?
At the time of a child’s birth, the parents have the option of signing a paternity affidavit at the hospital, which establishes the legal paternity of the child and places the father’s name on the child’s birth certificate. On this affidavit, which the man signs and agrees to, the mother is given sole custody of the child. The father is given the right to reasonable visitation.
In situations where no paternity affidavit is signed, the parent that wishes to establish paternity will need to file a petition in the court for that action. The paternity case is filed in family law court to establish paternity. In these situations, the child support prosecutor within the county can assist in the establishment of paternity. Note that they will not assist with assigning parenting time or custody orders for either parent.
Once custody is established, either parent can ask the court to grant child custody as well as parenting time.
Why Work With Cordell & Cordell’s Indiana Child Custody Lawyers
Any custody case is a serious legal matter with long-term ramifications. When it comes to decision-making, the child’s upbringing, and financial matters, working with a skilled, highly experienced Indiana family law attorney is critical. Cordell & Cordell brings over 30 years of experience to the process. The legal team supports men and fathers who need help navigating Indiana family law challenges to achieve ideal outcomes in their child’s situation.
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Protect Your Time With Your Child
These decisions are critical to your family’s future. Seek out an Indiana family law attorney who can provide you with comprehensive legal guidance and support. Call Cordell & Cordell now at 866-DADS-LAW (323-7529) or fill out our contact form now to learn more.
Frequently Asked Questions
Family situations change over time, and the court recognizes this. When there is a substantial change that impacts the child or the parent’s time with the child, the court will consider modifying existing custody arrangements. The focus is always on making these decisions if they are in the best interest of the child to do so.
When a parenting agreement requires modification, a judge may issue a new order after considering the various factors in the situation. Both parents may agree to the child, which would allow the judge to simply sign off on the changes if all is in order. A written agreement must be submitted to the court for approval.
In situations where the parents are not in agreement, the court must consider if the decision is in the best interests of the child. Note that if this does not occur, and parenting time is not provided as the court order states, the violating parent could face criminal charges under (Ind. Code § 35-42-3-4(b) (2023).
Yes, the court may award sole legal custody or sole physical custody to the father if it is determined that this is in the best interest of the child. This may include the issuing of a child custody order granting the father sole custody, placing the child’s care and legal decision-making in the hands of the father, or establishing other legal rights under Indiana code
A judge may consider a child’s opinion when that child reaches the age of at least 14. The judge may, at that point, discuss the child’s wishes. However, the judge is bound to make decisions based on the best interest of the child, which may not align with their opinion.
In situations where primary physical custody or legal custody cannot be settled between the parents in an agreeable manner, the court must determine what the parenting time order should include. The court will use a variety of factors to establish this decision. The court typically prefers joint physical custody and joint legal custody when possible.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
