Executive Summary
When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in the best interests of the child: the child’s age and sex, the wishes of both parents, the child’s wishes, the child’s relationship with parents, siblings and others, the child’s adjustment to home, school and community, the physical and mental health of all parties, any evidence of physical or domestic violence, and whether the child has been cared for by a de facto custodian
Understanding how Indiana judges evaluate custody can help parents make informed decisions and protect their relationship with their children.
What Does “Child Custody” Mean in Indiana?
In Indiana, child custody includes two separate components:
1. Legal Custody
Legal custody refers to the authority to make major decisions for a child, such as:
- Education
- Medical care
- Religious upbringing
Legal custody can be joint (shared by both parents) or sole (held by one parent).
2. Physical Custody
Physical custody concerns where the child primarily lives and who handles day‑to‑day care.
Indiana courts often encourage shared parenting, but joint custody is not automatic.
The Legal Standard: “Best Interests of the Child”
Indiana judges are required by statute to base custody decisions on the best interests of the child.
Under Indiana law (Indiana Code § 31‑17‑2‑8), the court must consider all relevant factors, including the specific considerations outlined below.
Factors Indiana Judges Consider in Child Custody Cases
1. The Child’s Age and Sex
A child’s age and developmental needs may influence the final custody arrangement, especially for infants or toddlers.
2. The Wishes of the Parents
Judges consider what each parent is requesting, particularly whether:
- Both parents agree to joint custody
- One parent strongly objects and why
However, parental wishes are never controlling.
3. The Child’s Wishes (If Mature Enough)
A judge may consider a child’s preference when determining custody, with more weight being given to their preference if they are at least 14 years old
Important point:
The child’s preference is one factor only, not a deciding vote.
4. The Child’s Relationship With Parents, Siblings, and Others
Indiana courts carefully examine:
- Each parent’s bond with the child
- Relationships with siblings
- Connections to grandparents or other caregivers who play a significant role
Maintaining stability and continuity in these relationships is often a priority.
5. The Child’s Adjustment to Home, School, and Community
Judges look at how well the child is doing in their current environment, including:
- School performance
- Social relationships
- Extracurricular involvement
Courts generally try to avoid unnecessary disruption, particularly when a child is thriving.
6. Physical and Mental Health of All Parties
The court may consider the physical and mental health of both parents and the child, but having a diagnosis alone does not disqualify a parent.
What matters is whether a condition affects a parent’s ability to safely and consistently care for the child.
7. Evidence of Domestic or Family Violence
Any history of domestic violence, abuse, or neglect is taken very seriously by Indiana courts.
A finding of domestic violence can:
- Prevent joint custody
- Limit parenting time
- Require supervised visitation
8. Whether the Child Has Been Cared for by a De Facto Custodian
If someone other than a parent—such as a grandparent—has served as the child’s primary caregiver for a significant time, the court may consider that relationship when determining custody.
Does Indiana Favor Joint Custody?
Indiana law expresses a preference for frequent, continuing contact with both parents, when it is safe and appropriate.
However, joint custody is not presumed. Judges evaluate whether parents can:
- Communicate effectively
- Cooperate on major decisions
- Put the child’s needs above personal conflict
High conflict or inability to co‑parent often weighs against joint custody.
Courts focus on parenting ability and the child’s well‑being, not punishment or reward.
Final Thoughts
Indiana judges approach child custody with one primary goal: protecting the best interests of the child. Understanding the factors courts consider, and preparing accordingly, can make a meaningful difference in the outcome of your case.
If you need legal guidance tailored to your circumstances, the attorneys of Dixon & Moseley, P.C. can help you navigate every stage of the divorce process, including child custody. This blog post is written by Dixon & Moseley, P.C. advocates. This blog is not intended as specific legal advice or a solicitation for services. It is an advertisement