Indiana Child Custody Laws | My Custody Center

Indiana Child Custody

Indiana child custody is decided using Title 31, Article 17, Chapter 2 of the Indiana Code.

If you are involved in an Indiana child custody case, I recommend that you hire a child custody lawyer in order to have your best chance to win custody. However, it is also important to educate yourself. Below, are relevant sections of the of the Indiana child custody statutes..

IC 31-17-2-8
Custody order

Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:

  1. The age and sex of the child.
  2. The wishes of the child’s parent or parents.
  3. The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
  4. The interaction and interrelationship of the child with:
  5. the child’s parent or parents;
  6. the child’s sibling; and
  7. any other person who may significantly affect the child’s best interests.
  8. The child’s adjustment to the child’s:
    • home;
    • school; and
    • community.
  9. The mental and physical health of all individuals involved.
  10. Evidence of a pattern of domestic or family violence by either parent.
  11. Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.

IC 31-17-2-8.3
Supervised parenting time; crime involving domestic or family violence

Sec. 8.3. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent’s child.
(b) There is created a rebuttable presumption that the court shall order that the noncustodial parent’s parenting time with the child must be supervised:

  1. For at least one (1) year and not more than two (2) years immediately following the crime involving domestic or family violence; or
  2. Until the child becomes emancipated;
  3. whichever occurs first

IC 31-17-2-8.5
Consideration of de facto custodian factors Sec. 8.5.

(a) This section applies only if the court finds by clear and convincing evidence that the child has been cared for by a de facto custodian.
(b) In addition to the factors listed in section 8 of this chapter, the court shall consider the following factors in determining custody:

  1. The wishes of the child’s de facto custodian.
  2. The extent to which the child has been cared for, nurtured, and supported by the de facto custodian.
  3. The intent of the child’s parent in placing the child with the de facto custodian.
  4. The circumstances under which the child was allowed to remain in the custody of the de facto custodian, including whether the child was placed with the de facto custodian to allow the parent now seeking custody to:
    • seek employment;
    • work; or
    • attend school.

(c) If a court determines that a child is in the custody of a de facto custodian, the court shall make the de facto custodian a party to the proceeding.
(d) The court shall award custody of the child to the child’s de facto custodian if the court determines that it is in the best interests of the child.
(e) If the court awards custody of the child to the child’s de facto custodian, the de facto custodian is considered to have legal custody of the child under Indiana law.

IC 31-17-2-9
Court interview of child in chambers

Sec. 9. (a) The court may interview the child in chambers to ascertain the child’s wishes.
(b) The court may permit counsel to be present at the interview. If counsel is present:

  1. A record may be made of the interview; and
  2. The interview may be made part of the record for purposes of appeal.

IC 31-17-2-10
Professional personnel; court consultation; cross-examination

Sec. 10. (a) The court may seek the advice of professional personnel even if the professional personnel are not employed on a regular basis by the court. The advice shall be given in writing and made available by the court to counsel upon request.
(b) Counsel may call for cross-examination of any professional personnel consulted by the court.

IC 31-17-2-15
Joint legal custody; matters considered in making award

Sec. 15. In determining whether an award of joint legal custody under section 13 of this chapter would be in the best interest of the child, the court shall consider it a matter of primary, but not determinative, importance that the persons awarded joint custody have agreed to an award of joint legal custody. The court shall also consider:

  1. The fitness and suitability of each of the persons awarded joint custody;
  2. Whether the persons awarded joint custody are willing and able to communicate and cooperate in advancing the child’s welfare;
  3. The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age;
  4. Whether the child has established a close and beneficial relationship with both of the persons awarded joint custody;
  5. Whether the persons awarded joint custody:
    1. Live in close proximity to each other; and
    2. Plan to continue to do so; and
  6. The nature of the physical and emotional environment in the home of each of the persons awarded joint custody.

Indiana child custody cases are complex. I strongly urge you to find a child custody lawyer in order to increase your chances of winning custody.

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