What are the best interest factors in Indiana custody cases?

Under Indiana Code 31-17-2-8, Indiana courts consider these factors: The age and sex of the child (Indiana Code 31-17-2-8(1)); The wishes of the child's parents (Indiana Code 31-17-2-8(2)); The wishes of the child, with more consideration given to the wishes of a child who is at least 14 years of age (Indiana Code 31-17-2-8(3)); The interaction and interrelationship of the child with the child's parents, siblings, and any other person who may significantly affect the child's best interest (Indiana Code 31-17-2-8(4)); The child's adjustment to home, school, and community (Indiana Code 31-17-2-8(5)); The mental and physical health of all individuals involved (Indiana Code 31-17-2-8(6)); Evidence of a pattern of domestic or family violence by either parent (Indiana Code 31-17-2-8(7)); Evidence that the child has been cared for by a de facto custodian, if applicable (Indiana Code 31-17-2-8(8)); A deployment or anticipated deployment of a parent who is in the military (Indiana Code 31-17-2-8(9)). Note: Indiana gives specific statutory weight to the wishes of a child who is at least 14 years of age. However, the child does not "choose" which parent to live with; the court considers the child's preference as one factor among many. Under Indiana Code 31-17-2-8(7), evidence of a pattern of domestic or family violence creates a rebuttable presumption against awarding custody to the perpetrator. The de facto custodian provision under Indiana Code 31-17-2-8(8) protects the continuity of care when a non-parent has been the child's primary caregiver for a significant period. The court may consider any other factor relevant to the child's best interest.

How do I file for custody in Indiana?

Step 1: Confirm residency requirements. Indiana Code 31-15-2-6 requires that at least one party has been a resident of Indiana for six months and a resident of the filing county for three months before filing for dissolution. For paternity actions, file in the county where the child resides. Step 2: Complete and file the initial petition. For married parents, file a Verified Petition for Dissolution of Marriage. For unmarried parents, file a Petition to Establish Paternity, Custody, and Parenting Time. Paternity must be established before an unmarried father can seek custody. Step 3: Pay the filing fee (approximately $157 for dissolution cases in most Indiana counties). If you cannot afford the fee, file a verified petition to proceed in forma pauperis under Indiana Trial Rule 83. Step 4: Serve the other parent with the filed petition and summons. Service may be completed by the county sheriff, a certified process server, or through acceptance of service. Service by certified mail is also permitted under Indiana Trial Rule 4.1. Step 5: The respondent has 30 days from service to file a response. If the respondent fails to respond, the filing party may seek a default judgment after the applicable waiting period. Step 6: Complete and exchange financial declarations, including income documentation, tax returns, and statements of assets and debts, as required by local court rules. Step 7: Attend any required mediation or settlement conference. Many Indiana counties require mediation for contested custody cases before a trial date will be set. Some courts also offer Early Case Resolution conferences. Step 8: If the case remains unresolved, attend the final hearing or trial. Each party presents evidence and testimony. The court applies the Indiana Code 31-17-2-8 best interest factors and issues orders on custody, parenting time, and child support. Typical timeline: Indiana requires a mandatory 60-day waiting period from the date of filing before a dissolution can be finalized (Indiana Code 31-15-2-10). Uncontested cases with full agreement may be resolved shortly after the waiting period. Contested custody cases typically take 6 to 18 months depending on the county, complexity, and whether a custody evaluation is ordered. Provisional (temporary) orders for custody and parenting time can be entered relatively quickly while the case is pending..

Indiana Family Court:
What You Need to Know

Last reviewed: 2026-02

Just got served? Here's your priority list.

1. Note the response deadline on your paperwork. Missing it can result in a default judgment.
2. Start documenting everything today: texts, exchanges, incidents. Timestamps matter.
3. Read the best interest factors below to understand what your judge will evaluate.

This information is for educational purposes only and does not constitute legal advice. Indiana family law varies by county and is subject to change. Always verify current statutes at iga.in.gov and consult a licensed Indiana attorney for your specific situation.

Court System Overview

Superior Court / Circuit Court

Indiana handles custody matters through the Superior Court or Circuit Court in each county. Every Indiana county has a Circuit Court with general jurisdiction, and most counties also have one or more Superior Courts. In some counties, specific divisions or courts are designated to handle family law matters. Cases involving child custody, parenting time, child support, and paternity are governed primarily by Indiana Code Title 31 (Family Law and Juvenile Law). Indiana adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) under Indiana Code 31-21. The Indiana Supreme Court has established the Indiana Parenting Time Guidelines, which provide a model parenting time schedule used as a baseline in most custody cases.

Legal Custody

Legal custody in Indiana refers to the right and responsibility to make major decisions concerning the child's upbringing, including education, healthcare, and religious training. Under Indiana Code 31-17-2-8, the court may award joint legal custody (both parents share decision-making authority) or sole legal custody (one parent has exclusive authority). Joint legal custody requires both parents to consult and agree on major decisions. If joint legal custody is awarded and the parents cannot agree, the court may designate one parent as the final decision-maker on specific issues.

Physical Custody

Physical custody in Indiana determines where the child primarily resides. Indiana uses the terms "custodial parent" and "noncustodial parent." The custodial parent is the parent with whom the child primarily resides, and the noncustodial parent receives "parenting time" according to a court-ordered schedule. Under Indiana Code 31-17-2-8, the court may also award joint physical custody where the child resides with each parent for substantial periods. The Indiana Parenting Time Guidelines (IPTG) provide a default parenting time schedule that courts apply unless circumstances warrant a different arrangement.

Presumption

Indiana does not have a statutory presumption favoring joint custody or sole custody. Under Indiana Code 31-17-2-8(2), the court determines custody based on the best interest of the child. However, Indiana Code 31-17-2-13 establishes a rebuttable presumption that a person who has committed domestic or family violence should not receive sole or joint legal custody. The Indiana Parenting Time Guidelines are considered the minimum parenting time a noncustodial parent should receive, and courts rarely award less than the IPTG schedule absent evidence of harm to the child.

Best Interest Factors

Indiana Code 31-17-2-8

The court evaluates the following factors when determining custody arrangements. Each factor represents an area where documented evidence can make a difference.

1 The age and sex of the child (Indiana Code 31-17-2-8(1))
2 The wishes of the child's parents (Indiana Code 31-17-2-8(2))
3 The wishes of the child, with more consideration given to the wishes of a child who is at least 14 years of age (Indiana Code 31-17-2-8(3))
4 The interaction and interrelationship of the child with the child's parents, siblings, and any other person who may significantly affect the child's best interest (Indiana Code 31-17-2-8(4))
5 The child's adjustment to home, school, and community (Indiana Code 31-17-2-8(5))
6 The mental and physical health of all individuals involved (Indiana Code 31-17-2-8(6))
7 Evidence of a pattern of domestic or family violence by either parent (Indiana Code 31-17-2-8(7))
8 Evidence that the child has been cared for by a de facto custodian, if applicable (Indiana Code 31-17-2-8(8))
9 A deployment or anticipated deployment of a parent who is in the military (Indiana Code 31-17-2-8(9))

Note: Indiana gives specific statutory weight to the wishes of a child who is at least 14 years of age. However, the child does not "choose" which parent to live with; the court considers the child's preference as one factor among many. Under Indiana Code 31-17-2-8(7), evidence of a pattern of domestic or family violence creates a rebuttable presumption against awarding custody to the perpetrator. The de facto custodian provision under Indiana Code 31-17-2-8(8) protects the continuity of care when a non-parent has been the child's primary caregiver for a significant period. The court may consider any other factor relevant to the child's best interest.

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Documentation the Court Expects

Indiana courts expect organized, factual documentation aligned with the Indiana Code 31-17-2-8 best interest factors. Financial disclosures are mandatory, and both parties must provide verified statements of income, expenses, assets, and debts. The Indiana Parenting Time Guidelines serve as the baseline for parenting time disputes, and any request for a schedule that deviates from the IPTG should be supported by specific evidence. Courts favor evidence that is specific, date-stamped, and focused on the child's welfare rather than attacks on the other parent.

Verified Petition for Dissolution of Marriage or Petition to Establish Paternity and Custody

Financial Declaration Form required by Indiana Trial Rule 76 and local court rules

Communication logs (texts, emails, co-parenting app messages) showing parenting cooperation or disputes

Parenting time compliance records, including pickup and drop-off logs and schedule deviations

School records, report cards, attendance records, teacher communications, and school involvement documentation

Medical and dental records, counseling records, and documentation of healthcare decisions

Financial records including income verification, tax returns, and child-related expenses

Police reports, protective order records, or Department of Child Services (DCS) records if applicable

Photos or videos relevant to the child's living environment and well-being

Witness declarations from individuals with direct knowledge of the family situation

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Filing Process

Step by Step

1 Confirm residency requirements. Indiana Code 31-15-2-6 requires that at least one party has been a resident of Indiana for six months and a resident of the filing county for three months before filing for dissolution. For paternity actions, file in the county where the child resides.
2 Complete and file the initial petition. For married parents, file a Verified Petition for Dissolution of Marriage. For unmarried parents, file a Petition to Establish Paternity, Custody, and Parenting Time. Paternity must be established before an unmarried father can seek custody.
3 Pay the filing fee (approximately $157 for dissolution cases in most Indiana counties). If you cannot afford the fee, file a verified petition to proceed in forma pauperis under Indiana Trial Rule 83.
4 Serve the other parent with the filed petition and summons. Service may be completed by the county sheriff, a certified process server, or through acceptance of service. Service by certified mail is also permitted under Indiana Trial Rule 4.1.
5 The respondent has 30 days from service to file a response. If the respondent fails to respond, the filing party may seek a default judgment after the applicable waiting period.
6 Complete and exchange financial declarations, including income documentation, tax returns, and statements of assets and debts, as required by local court rules.
7 Attend any required mediation or settlement conference. Many Indiana counties require mediation for contested custody cases before a trial date will be set. Some courts also offer Early Case Resolution conferences.
8 If the case remains unresolved, attend the final hearing or trial. Each party presents evidence and testimony. The court applies the Indiana Code 31-17-2-8 best interest factors and issues orders on custody, parenting time, and child support.

Required Forms

Typical Timeline

Indiana requires a mandatory 60-day waiting period from the date of filing before a dissolution can be finalized (Indiana Code 31-15-2-10). Uncontested cases with full agreement may be resolved shortly after the waiting period. Contested custody cases typically take 6 to 18 months depending on the county, complexity, and whether a custody evaluation is ordered. Provisional (temporary) orders for custody and parenting time can be entered relatively quickly while the case is pending.

Self-Represented (Pro Se) Notes

Indiana allows self-representation in family law matters. The Indiana Judicial Branch Self-Service Legal Center (in.gov/courts/selfservice) provides free forms, instructions, and informational resources for self-represented litigants. Many Indiana courthouses have self-help desks or facilitator programs. Indiana Legal Services (indianalegalservices.org) provides free legal assistance to qualifying low-income individuals. Pro se litigants must follow all court rules, deadlines, and procedures that apply to attorneys. Legal representation is strongly recommended for contested custody cases.

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Modifying a Custody Order

What Counts as a Material Change

Under Indiana Code 31-17-2-21, the court may not modify a custody order unless modification is in the best interest of the child and there is a substantial change in one or more of the factors the court originally considered under Indiana Code 31-17-2-8. The parent requesting modification bears the burden of proving the substantial change. Common qualifying changes include relocation by a parent, a parent's substance abuse or domestic violence, significant changes in the child's needs, persistent interference with parenting time, or a parent's incarceration. A change in the wishes of a child who has reached age 14 may also constitute a substantial change.

How to File for Modification

File a Verified Motion to Modify Custody in the court that issued the original custody order. The motion must describe the substantial change in circumstances that has occurred since the original order. The other parent must be served with the motion. The court holds a hearing where both parties may present evidence. The court applies the best interest factors under Indiana Code 31-17-2-8 and determines whether modification is warranted. Parenting time modifications follow a similar process under Indiana Code 31-17-4-2 but require only a showing that the modification is in the child's best interest.

Building Your Case Over Time

Document the specific substantial changes in circumstances since the last custody order. Provide concrete evidence with dates and verifiable details. Relevant evidence includes school records, medical records, police or DCS reports, communication logs showing parenting time interference, evidence of substance abuse, relocation documentation, and witness declarations. If the modification is based on a child age 14 or older expressing a change in preference, document the circumstances surrounding the child's wishes without coaching or pressuring the child.

Modifications require a documented trail of change.

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Key Deadlines & Tips

Deadlines to Know

Residency: At least one party must have resided in Indiana for six months and in the filing county for three months before filing (Indiana Code 31-15-2-6)
The respondent has 30 days from service to file a response to the petition
Mandatory 60-day waiting period from filing before a dissolution can be finalized (Indiana Code 31-15-2-10)
Provisional (temporary) orders may be requested at any time after filing and remain in effect until the final hearing
Relocation notice: A relocating parent must file a notice of intent to move with the court and send it to the other parent at least 90 days before the planned move (Indiana Code 31-17-2.2-3)
Appeals must be filed within 30 days of the final judgment (Indiana Appellate Rule 9(A))

Practice Tips for Indiana

The Indiana Parenting Time Guidelines (IPTG) serve as the baseline for parenting time in virtually all Indiana custody cases. Familiarize yourself with the IPTG schedule, as courts will use it as the starting point. Any request to deviate from the IPTG should be supported by specific evidence.

Indiana gives special weight to the wishes of a child who is at least 14 years old under Indiana Code 31-17-2-8(3). While the child does not unilaterally choose, a 14-year-old's stated preference carries significant influence with the court.

Keep a detailed, date-stamped log of all parenting time exchanges, communications with the other parent, and your involvement in the child's education and medical care. Indiana courts value organized, specific evidence over generalized claims.

If domestic or family violence is a factor, document every incident thoroughly. Indiana Code 31-17-2-8(7) creates a rebuttable presumption against awarding custody to a parent with a pattern of domestic violence.

Complete all mandatory disclosures and required classes promptly. Many Indiana counties require a parenting education class and attendance at a mediation session. Delays in completing these requirements will delay your case.

Indiana requires 90 days advance written notice before relocating with a child. Plan accordingly and file the required notice with both the court and the other parent (Indiana Code 31-17-2.2-3).

Official Resources

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This information is for educational purposes only and does not constitute legal advice. Family law varies by jurisdiction and county. Consult a licensed attorney for advice specific to your situation. Last reviewed: 2026-02.

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Indiana Family Court: What You Need to Know