Child Custody Process in Indiana

By Olivia Wathne, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed May 06, 2024

For couples with children, divorce or legal separation means taking steps to determine child custody. If the child’s parents disagree on where the child should live and who should make important decisions about them, then the court has authority in these matters.

Every jurisdiction has its own specific child custody procedures. If you and your child live in the Hoosier State and there's a custody dispute, you must follow Indiana's child custody process for a resolution.

Types of Custody Arrangements

In Indiana, custody laws offer a range of arrangements tailored to the best interests of the child involved. These arrangements include legal custody. Legal custody determines decision-making authority regarding the child's upbringing. It also includes physical custody, which specifies the child's primary residence.

Indiana courts may grant joint legal custody when both parents share decision-making responsibilities. Alternatively, they may grant sole legal custody, giving one parent exclusive authority. Similarly, custody often involves joint physical custody, facilitating substantial time with both parents. Sometimes, the court assigns primary physical custody to one parent, where the child primarily resides with one parent.

The custody process in Indiana often involves mediation and court hearings to establish a parenting time schedule. This schedule recognizes the important role each parent plays in the child's life. It ensures meaningful time with each parent. If parents can reach an agreement on parenting time, it's formalized as part of a custody agreement.

In Indiana, state court rules include the Indiana parenting time guidelines that offer a framework for structuring parenting time schedules. The goal is to ensure custody arrangements promote the child's safety and well-being and help them adjust to their living situation.

In cases where there has been domestic violence or child abuse, the court must focus on safety concerns. When these issues are present, the court may order a custody evaluation or engage the services of a guardian ad litem to conduct an investigation into what arrangements will be in the child's best interest.

Indiana Child Custody Laws

Although it can never replace a consultation with an attorney, a plain language guide to the law can provide a useful reference for understanding child custody law. See the chart below for a summary of the child custody process in Indiana.

Relevant Indiana Statutes	Indiana Code - Title 31, Family Law and Juvenile Law; Article 17, Custody and Visitation Rights Section 31-17-2-8 - Custody order Section 31-17-2.8.3 - Supervised parenting time Section 31-17-2-8.5 - Consideration of de facto custodian factors Section 31-17-2-12 - Investigation and report concerning custodial arrangements for child Section 31-17-2-13 - Joint legal custody; finding required for award Section 31-17-2-14 - Joint legal custody; division of physical custody Section 31-17-2-15 - Joint legal custody; matters considered in making award Section 31-17-2-21 - Modification of child custody order Section 31-17-5-1 - Grandparent visitation
Types of Custody	There are two types of custody: legal custody and physical custody. Legal custody grants decision-making rights to the parent. Physical custody determines which parent the child will live with each day. You may file for both. Each type of custody may be assigned to one parent (sole custody) or both parents (shared custody). A parenting plan is an agreement reached by the parties and adopted by the court order. It will usually address the following: When the child will be with each party (physical custody) Who will make major life decisions about the child (legal custody) How the parents will resolve future disputes about the child The allocation of financial responsibilities (child support and health insurance)
Filing for Custody	Married Parties: Absent a court order, both parties have legal and physical custody. One or both parties may file a divorce or legal separation action and request child custody in the proceedings. Unmarried Parties: If the parents were never married, the mother has legal custody until a court order states otherwise. If the father wants to establish custody or parenting time, he files to establish paternity and then a court order of parental rights.
Final Court Order	In custody and parenting time cases, the parties may seek out mediation (or the court may order an attempt at mediation) to reach an agreement. If they agree and settle, the court will adopt the agreement and parenting plan as a court order. If they do not agree, then the court will hold a custody hearing where the parties can testify and provide evidence. The court will decide the outcome based on what's in the best interests of the child.

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 status of any state law(s) you are reviewing.