Child custody decisions can shape nearly every aspect of your child’s life. Indiana courts apply a legal standard designed to protect the child’s welfare and long-term stability.
The “best interests of the child” standard
Indiana courts decide custody based on the best interests of the child. Judges evaluate several factors to determine which arrangement supports the child’s safety, development and daily needs. Under Indiana Code 31-17-2-8, courts may review the following considerations:
- Child’s age and sex: The court may consider developmental needs related to the child’s stage of life.
- Parental wishes: Each parent may state their preferred custody arrangement.
- Child’s relationships: Judges examine interactions with parents, siblings and others who influence the child’s life.
- Adjustment to environment: The court reviews how the child adapts to their home, school and community.
- Mental and physical health: The health of the child and both parents may affect custody decisions.
- History of violence or abuse: Evidence of domestic or family violence may influence parenting arrangements.
These factors help courts focus on the child’s overall well-being rather than the preferences of either parent.
Indiana recognizes two main forms of custody. Each addresses a different responsibility in raising a child.
Legal custody
Legal custody refers to the authority to make major decisions about a child’s life. These decisions often involve education, medical care and religious upbringing.
Courts may award joint legal custody, which allows both parents to participate in decision-making. A judge may order sole legal custody if shared decision-making appears unrealistic or harmful to the child.
Physical custody
Physical custody determines where the child primarily lives and who provides day-to-day care. Daily responsibilities may include meals, transportation to school and supervision. Physical custody arrangements often include:
- Joint physical custody: The child spends significant time living with both parents.
- Sole physical custody: The child primarily lives with one parent while the other receives parenting time.
Even when one parent has sole custody, Indiana courts often allow parenting time unless contact could threaten the child’s safety.
When legal guidance may help
Child custody proceedings often involve complex facts, evidence and legal standards. Each parent must present information that supports the child’s best interests.
Working with an attorney may help you understand custody laws, prepare documentation and present your position clearly in court.