{"id":373178,"date":"2019-01-17T10:52:55","date_gmt":"2019-01-17T15:52:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/child-custody-factors-in-indiana-1.html"},"modified":"2024-12-12T18:32:33","modified_gmt":"2024-12-12T23:32:33","slug":"child-custody-factors-in-indiana-1","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/child-custody-factors-in-indiana-1.html","title":{"rendered":"Child Custody Factors in Indiana"},"content":{"rendered":"\n
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Child Custody Factors in Indiana <\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Ally Marshall, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When determining child custody in Indiana<\/a>, the courts focus on the best interests of the child above all else. This involves a comprehensive evaluation of factors to meet the child’s physical, emotional, and psychological needs.<\/p>\r\n

Indiana has two types of child custody<\/a>: legal custody and physical custody. Both custody designations can be further divided into sole custody (where one parent has custody) and shared custody (also called joint custody) where both parents have custody. The goal is to establish a custody arrangement that promotes stability, security, and well-being for the child.<\/p>\r\n

Overview of Child Custody Factors in Indiana<\/b><\/h2>\r\n

While it’s best to consult with a lawyer (especially in complex cases), you can gain a better understanding of the law when it’s in plain language. See the chart below for a basic overview of child custody factors in Indiana.<\/p>\r\n\r\n
Statutes<\/th>\r\n

Indiana Code Title 31:<\/p>\r\n

Types of custody<\/th>\r\n

Legal custody:<\/b> Gives a parent the authority to make important decisions about the child’s upbringing, including education, religion, and health care.<\/p>\r\n

Physical custody:<\/b> The parent with whom the child lives most of the time.<\/p>\r\n

Sole legal custody:<\/b> One parent has the legal authority to make major decisions about the child’s religious upbringing, education, and health care.<\/p>\r\n

Joint legal custody:<\/b> Both parents have the authority to make major decisions about the child’s upbringing.<\/p>\r\n

Sole physical custody:<\/b> The child lives with and is under the supervision of one parent and has visitation with the other parent (unless the court determines the visitation isn’t in the child’s best interests.)<\/p>\r\n

Joint physical custody:<\/b> The child has periods of living with and being under the supervision of each parent.<\/p>\r\n

Note: An award of joint legal custody doesn’t require an equal division of physical custody.<\/p>\r\n<\/td>\r\n<\/tr>

Best interests of the child factors<\/th>\r\n

Relevant factors:<\/p>\r\n

Child custody factors: joint custody<\/th>\r\n

When the court considers whether joint custody is in the best interests of the child, the following factors are relevant:<\/p>\r\n