Child Custody Factors in Indiana

By Olivia Wathne, Esq. | Legally reviewed by Ally Marshall, Esq. | Last reviewed December 12, 2024

When determining child custody in Indiana, 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.

Indiana has two types of child custody: 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.

Overview of Child Custody Factors in Indiana

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.

Statutes	Indiana Code Title 31: Section 31-17-2-8 Section 31-17-2-8.5 Section 31-17-2-13 Section 31-17-2-14
Types of custody	Legal custody: Gives a parent the authority to make important decisions about the child's upbringing, including education, religion, and health care. Physical custody: The parent with whom the child lives most of the time. Sole legal custody: One parent has the legal authority to make major decisions about the child's religious upbringing, education, and health care. Joint legal custody: Both parents have the authority to make major decisions about the child's upbringing. Sole physical custody: 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.) Joint physical custody: The child has periods of living with and being under the supervision of each parent. Note: An award of joint legal custody doesn't require an equal division of physical custody.
Best interests of the child factors	Relevant factors: The age and sex of the child The wishes of the child's parents The wishes of the child, (with more consideration given if the child is at least 14) Any history of domestic violence The physical and mental health of the child The court also considers the interaction and interrelationship of the child with: The child's parents The child's siblings Any other person, like a grandparent, who may significantly affect the child's best interests Other factors include: The child's adjustment to the home, school, and community The mental and physical health of all involved Evidence of a patterns of domestic or family violence by either parent Evidence that the child has been cared for by a de facto custodian A designation in a power of attorney of the child's parent or a person found to be a de facto guardian of the child
Child custody factors: joint custody	When the court considers whether joint custody is in the best interests of the child, the following factors are relevant: The fitness and suitability of each of the people awarded joint custody Whether the people awarded joint custody are willing and able to communicate and cooperate in advancing the child's welfare The wishes of the child, with more consideration given if the child is 14 or older The child’s relationship with each parent Proximity of the parents' homes to each other Ability to communicate and co-parent with the other parent The nature of the physical and emotional environment in the home of each of the people awarded joint custody

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.