Child custody and parenting time

Child custody in Indiana

Custody is mostly decided by state law. This page covers what Indiana sets: the words it uses, how judges decide, how to ask the court, moving with your child, relatives and free help.

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What Indiana calls custody

Indiana calls it: custody (legal and physical) and parenting time
Time with each parent: parenting time

legal custody: The right to make major decisions about your child's upbringing, such as education, health care, and religious training. Parents often share it (joint legal custody).
joint legal custody: The persons with custody share authority and responsibility for major decisions, such as education, health care, and religious training. It does not require equal time with the child.
physical custody: Where the child lives. A parent with primary physical custody has the child most of the time; the other parent usually has parenting time.
parenting time: Time the child spends with the parent who does not have primary physical custody. Courts often use the Indiana Parenting Time Guidelines set by the Indiana Supreme Court.
de facto custodian: A person who has been the child's primary caregiver and financial support, and the child lived with them for at least 6 months (child under 3) or 1 year (child 3 or older).

Law: Ind. Code §§ 31-17-2-13, 31-17-2-14, 31-17-4-1, 31-9-2.1-72; Indiana Parenting Time Guidelines

How the judge decides in Indiana

What the law tells the judge to look at

In the order the law lists them.

The age and sex of the child.Ind. Code § 31-17-2-8(1)
The wishes of the child's parent or parents.Ind. Code § 31-17-2-8(2)
The wishes of the child, with more weight given if the child is at least 14 years old.Ind. Code § 31-17-2-8(3)
The child's relationships with parents, brothers and sisters, and anyone else who may significantly affect the child's best interests.Ind. Code § 31-17-2-8(4)
The child's adjustment to home, school, and community.Ind. Code § 31-17-2-8(5)
The mental and physical health of everyone involved.Ind. Code § 31-17-2-8(6)
Evidence of a pattern of domestic or family violence by either parent.Ind. Code § 31-17-2-8(7)
Evidence that the child has been cared for by a de facto custodian. If so, the judge also considers the de facto custodian factors.Ind. Code § 31-17-2-8(8)
A designation in a power of attorney by the child's parent or by a de facto custodian.Ind. Code § 31-17-2-8(9)

Other things the judge considers

In a paternity case (parents not married), the judge uses the same list of factors, except the power of attorney factor.Ind. Code § 31-14-13-2
If a de facto custodian cared for the child, the judge also considers that person's wishes, how much they cared for and supported the child, why the parent placed the child with them, and the circumstances (for example, so the parent could work or go to school). The judge must make the de facto custodian a party and must give that person custody if that is in the child's best interests.Ind. Code § 31-17-2-8.5
For joint legal custody, the judge gives primary (but not deciding) weight to whether the parents agreed to it, and also considers each person's fitness, whether they can communicate and cooperate for the child, the child's wishes (more weight at 14 or older), the child's relationship with both, whether they live near each other and plan to, and the home environment.Ind. Code § 31-17-2-15
The judge may interview the child in chambers, with lawyers present if the court permits.Ind. Code § 31-17-2-9
A final custody order must include the judge's findings of fact and conclusions of law.Ind. Code § 31-17-2-8.2

What the judge may not consider

In determining the child's best interests, there is no presumption favoring either parent. A court cannot discriminate against a parent with a disability and must consider reasonable accommodations for that parent.

Joint custody

No presumption. The law says there is no presumption favoring either parent. The judge may award joint legal custody if it is in the child's best interest, and gives primary weight to whether the parents agreed to it.

The child's wishes

The judge considers your child's wishes, and gives them more weight if the child is at least 14 years old.

Domestic violence

A pattern of domestic or family violence by either parent is a factor the judge must consider. If a parent without custody was convicted of a domestic or family violence crime that the child saw or heard, the law presumes that parent's parenting time must be supervised for at least 1 year and up to 2 years after the crime (or until the child is emancipated, if sooner). The judge can require completion of a certified batterer's intervention program before unsupervised parenting time. A parent convicted of child molesting or child exploitation gets only supervised parenting time (required if within the last 5 years).

Law: Ind. Code §§ 31-17-2-8, 31-17-2-8.1, 31-17-2-8.3, 31-17-2-13, 31-17-2-15, 31-17-4-1

If the parents are not married in Indiana

Who has custody before a court order

The biological mother of a child born to unmarried parents has sole legal custody unless a statute or court order says otherwise. If the parents sign a paternity affidavit, the mother has sole legal custody and primary physical custody unless a court decides otherwise, or unless both parents check the box on the affidavit to share joint legal custody. Even with joint legal custody on the affidavit, the mother has primary physical custody until a court rules, and the joint custody agreement is void unless a genetic test confirms the father and is given to the local health officer within 60 days after the birth. A father who signed the affidavit gets parenting time under the Indiana Parenting Time Guidelines unless a court decides otherwise.

To ask for custody, you must first be a legal parent of the child.

Establishing paternity

How: Unmarried parents can sign a paternity affidavit at the hospital within 72 hours after the birth, or at the local health department any time before the child is emancipated. It establishes legal paternity without a court order. Before signing, both parents must be told about their rights, the alternatives, and the consequences, and each parent must get a chance to read the affidavit alone. A parent under 18 must get a chance to talk with an adult of their choice before signing. Within 60 days after signing, a man who signed can file a court action asking for a genetic test. After 60 days, the affidavit cannot be undone unless a court finds fraud, duress, or material mistake of fact and a court-ordered genetic test excludes him as the father. If no affidavit is signed, either parent (or the county child support office, if the case is open there) can file a paternity case in court.
Form: Paternity Affidavit (State Form 44780 (hospital); separate local health department versions)
Cancellation form: No form. Within 60 days, the man who signed may file a court action for a genetic test; later challenges require a court finding of fraud, duress, or material mistake of fact.
Agency: Indiana Department of Child Services, Child Support Bureau (with local county health departments)
https://www.in.gov/dcs/child-support/about-us/paternity

Law: Ind. Code §§ 16-37-2-2.1, 31-14-7-3, 31-14-13-1

How to ask the court in Indiana

Court: Circuit or superior court in the county (the court that hears domestic relations and paternity cases)
Court self-help center: https://www.in.gov/courts/selfservice/
Court forms: https://indianalegalhelp.org/legal-topic-category/child-custody-2/

Key forms

What it costs

$157 — Filing fee to start a new civil case, such as a custody petition ($185 if you want the sheriff to serve the papers). A paternity case uses a different base fee set by law, so ask the clerk for the exact total.

Fee schedule: Indiana Legal Help, Filing Fee Frequently Asked Questions (Source)

Other fees

$185 — New civil case filing fee including sheriff service of processIndiana Legal Help, Filing Fee FAQ
$100 — Civil costs fee (base part of the civil filing fee; does not apply to paternity cases)Ind. Code § 33-37-4-4(a)
$120 — Juvenile costs fee for each paternity action (base; other fees are added)Ind. Code § 33-37-4-3(a)(3)

Fee waiver: Filing fee waiver request (Indiana Legal Help explains the requirements and links the form)

After you file

Time to respond: 20 calendar days after you are served with the petition, and 20 days to respond to a motion. Add 3 days if the papers were served by U.S. mail. A parent served with a notice of intent to relocate has 20 days to file a response.
Mediation: Whenever the court makes an order in a custody or parenting time case (other than an ex parte order), it must decide whether to refer the case to mediation, considering whether the parties can pay and whether mediation would help. In relocation cases the court may order mediation before the hearing.
Parenting class: No statewide parenting class is required by Indiana statute. Some counties require one by local rule; check with your court.
Emergency orders: You can ask the court for a temporary order while your case is open. If a custodial parent or guardian dies or cannot care for the child, a non-parent who files for custody can ask for emergency placement, and the court must hold an initial hearing within 4 business days. If you need protection from abuse, you can ask for an ex parte order for protection; after a hearing, the protection order can set the other parent's parenting time, require supervision, or deny parenting time if needed for safety.

Which state's court decides: Indiana has adopted the UCCJEA, the uniform law on this (Ind. Code article 31-21 (Uniform Child Custody Jurisdiction Act, P.L.138-2007)). How the home-state rule works →

Law: Ind. Code §§ 31-17-2-25, 31-17-2.2-1(d), 31-17-2.2-5, 31-17-2.4-1, 33-37-4-3, 33-37-4-4, 34-26-5-9; Ind. Trial Rule 6(D), (G)

Changing or enforcing an order in Indiana

Changing an order

The court may change a custody order only if the change is in the child's best interests and there is a substantial change in one or more of the best-interest factors (including the de facto custodian factors, if they apply). The court will not hear evidence about events before the last custody hearing unless it relates to a change in those factors. Parenting time can be changed whenever that serves the child's best interests, but it can be restricted only if parenting time might endanger the child's physical health or significantly impair the child's emotional development.

Law: Ind. Code §§ 31-17-2-21, 31-14-13-6, 31-17-4-2

If the other parent does not follow the order

If the custodial parent intentionally violates a parenting time injunction or restraining order without good reason, the court must find that parent in contempt and order the missed parenting time to be made up. It may also order that parent to pay your reasonable attorney fees and costs and to do community service. The court can require a bond or other security to make sure a custody order is followed. These remedies are in addition to other civil or criminal remedies.

Law: Ind. Code §§ 31-17-2-21.5, 31-17-4-3, 31-17-4-8, 31-17-4-9

Moving with your child from Indiana

A person who plans to move must file a notice of intent to move with the court clerk and serve it on the other parent no later than 30 days before the move, or within 14 days after learning of the move, whichever is sooner. The notice must give the new address and phone numbers, the move date, the reasons, and say whether parenting time should change. No notice is needed if a court order already addressed the move, or if the move brings the homes closer or adds no more than 20 miles between them and the child stays in the same school. The other parent has 20 days after service to file a response (no objection, a request to change orders, or an objection and request to stop the move). The moving person must prove the move is in good faith and for a legitimate reason; then the other parent must show it is not in the child's best interest. If the other parent does not respond, the move can go ahead. All existing orders stay in effect until the court changes them.

Notice required by: State law
Days of notice: 30
Distance: 20 miles — increase in the distance between the relocating person's home and the other parent's home (a move that adds 20 miles or less and keeps the child in the same school needs no notice)

Law: Ind. Code §§ 31-17-2.2-1, 31-17-2.2-3, 31-17-2.2-5, 31-17-2.2-6

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Grandparents and other relatives in Indiana

Grandparent visitation

Yes. A grandparent can ask for visitation if the child's parent has died, if the parents' marriage was dissolved in Indiana (or in another state, if that custody decree does not bind the grandparent and an Indiana court would have jurisdiction), or if the child was born to unmarried parents. A father's parents can get visitation for a child born to unmarried parents only if paternity has been established. The court may grant visits if they are in the child's best interests, and may consider whether the grandparent had or tried to have meaningful contact with the child. The judge may interview the child in chambers. The petition must be filed before any adoption decree is entered. The order can be changed whenever that serves the child's best interests.

Custody by someone who is not a parent

A person who is not a parent can file a petition for custody of a child. If the child has been cared for by a de facto custodian, the court must make that person a party and award them custody if it is in the child's best interests; a de facto custodian who gets custody has legal custody.

Law: Ind. Code §§ 31-17-2-3(a)(2), 31-17-2-8.5, 31-17-5-1, 31-17-5-2, 31-17-5-7, 31-17-5-10

Protective orders in Indiana

What Indiana calls it: Order for protection (protective order)

Custody and visitation in the order

Partly. After notice and a hearing, an order for protection can set arrangements for the other parent's parenting time, require supervision by a third party, or deny parenting time if needed to protect the petitioner or child. Any custody or parenting time part of a protection order is replaced by a later order from a divorce, legal separation, paternity, or guardianship court.

Law: Ind. Code § 34-26-5-9(d)(2), (i)

Safety, hotline and protective orders in every state →

If you are in danger

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.

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Military parents and abduction prevention in Indiana

Preventing abduction

Law: Ind. Code §§ 31-17-2-21.5, 31-17-2-21.7, 31-14-13-6.5 (court may require a bond or other security to secure a custody order); § 31-17-2-24 (notice of passport application)

Free help in Indiana

Court self-help

Indiana Judicial Branch Self-Service Legal Center and Indiana Legal Help (court forms from the Coalition for Court Access)

https://indianalegalhelp.org/

Legal aid

Indiana Legal Services (LSC-funded; family law including custody; all 92 counties)

317-631-9410

https://www.indianalegalservices.org/custody-general/

Domestic violence help

Indiana Coalition Against Domestic Violence: DV Programs (directory of local programs)

https://icadvinc.org/find-help/dv-programs

Links you to local programs

More free help across the country →

Good to know in Indiana

A child's wishes get more weight once the child is at least 14 years old (Ind. Code § 31-17-2-8(3)).
Unmarried parents who sign a paternity affidavit can check a box to share joint legal custody, but the mother keeps primary physical custody until a court rules (Ind. Code § 16-37-2-2.1(h), (q)).
If a parent's domestic violence crime was seen or heard by the child, the law presumes that parent's parenting time must be supervised for 1 to 2 years (Ind. Code § 31-17-2-8.3).

Recent changes

In effect July 1, 2025Final custody orders (awarding, modifying, or denying modification) must include the trial court's findings of fact and conclusions of law; appellate decisions must state the facts relied on.P.L.38-2025 · Ind. Code §§ 31-17-2-8.2, 31-14-13-7.5
In effect July 1, 2026Family law definitions, including 'de facto custodian', were moved into a new chapter, IC 31-9-2.1. The meaning of 'de facto custodian' stays the same.P.L.145-2026 · Ind. Code chapter 31-9-2.1 (definitions)

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Sources

Last checked: November 2026