How Is Child Custody Decided in Indiana?

If you are facing a child custody case in Indiana, you probably have a lot of questions about what comes next. Will one parent have primary custody? How much time will each parent have with the children? Does your child have a say in where they live? And what factors will a judge consider when making these decisions?

Indiana custody decisions are not based on a single rule or factor. Understanding how the process works and what courts actually consider can help you better prepare for the decisions ahead.

Here are some of the most important things to know about how child custody is decided in Indiana.

What to Know About Child Custody in Indiana

• Indiana courts decide custody based on the best interests of the child.
• The court does not automatically favor the mother or the father.
• Legal custody and parenting time are different. Legal custody deals with major decisions. Parenting time deals with when the child is with each parent.
• A child who is 14 or older does not automatically get to choose where to live, but the court gives the child’s wishes more consideration.
• Stability, school, family relationships, each parent’s involvement, and the ability of the parents to work together can all matter.
• Indiana does not automatically require a 50/50 parenting schedule.
• Parents can often reach a custody agreement without going to trial.
• Every custody case is different, so the facts of the family and the needs of the child matter.

Child custody is often one of the hardest parts of a divorce or separation.

Parents want to know where their children will live, who will make important decisions, and how much time each parent will have with the children.

One of the most common questions parents ask me is:

“How does a judge decide who gets custody in Indiana?”

After years of handling family law cases, I have found that parents often come into my office expecting custody to be decided by one or two facts. In reality, custody cases are rarely that simple.

Indiana courts focus on one main question:

What is in the best interests of the child?

The court does not automatically favor the mother or the father. It looks at the facts of each family and decides what arrangement is best for the child.

What Does “Best Interests of the Child” Mean?

Indiana law requires judges to make custody decisions based on the child’s best interests.

The court may look at many things, including:

• The age and sex of the child;
• What each parent wants;
• What the child wants;
• The child’s relationship with each parent;
• The child’s relationship with brothers, sisters, and other important people;
• How the child is doing at home, at school, and in the community;
• The mental and physical health of the people involved;
• Any history of domestic or family violence; and
• Other facts that may affect the child.

If a child is at least 14 years old, the court gives more consideration to the child’s wishes.

Still, no single fact usually decides the case.

In my experience, this is one of the most important things for parents to understand. A custody case should not be built around proving that the other parent made a mistake. The stronger approach is usually to show the court the full picture of the child’s life and why the arrangement you are asking for is good for the child.

What Is Legal Custody?

Legal custody deals with important decisions about a child’s life.

These decisions may include:

• Education;
• Health care; and
• Religious upbringing.

Parents may share legal custody. This is called joint legal custody.

The court may also give one parent the authority to make these decisions.

Joint legal custody does not always mean the parents have equal parenting time.

I often explain this distinction to clients because “custody” can mean different things. A parent can share in major decisions about a child even when the child does not spend exactly half of his or her time in that parent’s home.

Understanding that difference can make custody discussions much easier.

What Is Physical Custody?

Physical custody deals more with where the child lives and when the child spends time with each parent.

A child may live mainly with one parent while both parents share legal custody.

In other families, the child may spend close to the same amount of time with each parent.

There is no single schedule that works for every family.

One lesson I have learned from handling custody cases is that a schedule can look fair on paper and still not work well for the child.

School, travel time, work schedules, childcare, sports, and the child’s age can all affect whether a schedule actually works.

The goal should not simply be to divide days between two parents. The goal should be to create a workable arrangement for the child.

How Does the Court Decide About Joint Legal Custody?

Joint legal custody works best when parents can talk to each other and work together.

Parents do not have to agree on everything.

But they must usually be able to share information and make important decisions about their child.

The court may look at:

• Whether each parent is able to care for the child;
• Whether the parents can communicate;
• Whether they can work together;
• The child’s relationship with both parents;
• How close the parents live to each other;
• The home environment of each parent; and
• The child’s wishes, especially if the child is at least 14.

In my practice, I have found that communication is often one of the biggest problems in joint custody cases.

Parents do not have to like each other. They do not have to be friends. But they do need a way to exchange information and make decisions about their child without turning every issue into another fight.

Joint custody is not just about having two good parents. It is also about whether those parents can work together for their child.

Does Indiana Favor Mothers Over Fathers?

No.

Indiana law does not automatically favor mothers or fathers.

A mother does not receive custody just because she is the mother.

A father does not have to prove that the mother is unfit just to be considered for custody.

The court looks at the facts.

Over the years, I have represented parents who came into my office believing the court would automatically favor the other parent because of gender. That is not how Indiana’s custody law is written.

A better use of time is to focus on the facts that matter: parenting, stability, involvement, the child’s needs, and the home each parent can provide.

Can a Child Choose Which Parent to Live With?

Not automatically.

A child does not get to choose custody just because the child reaches a certain age.

Indiana law does allow the judge to consider what the child wants.

If the child is at least 14 years old, the court gives the child’s wishes more consideration.

But the child does not make the final decision.

The judge still decides what is in the child’s best interests.

This is an area where I often caution parents to be careful.

Children should not be placed in the middle of a custody case or made to feel that they must choose between their parents. Even when a child’s wishes are important, the child should not have to carry the burden of deciding the case.

Why Is Stability Important?

Judges may look at how well the child is doing in his or her current life.

This may include:

• Where the child lives;
• How the child is doing in school;
• School attendance;
• Relationships with brothers and sisters;
• Relationships with extended family;
• Sports and other activities;
• The child’s community;
• Each parent’s work schedule;
• Childcare needs; and
• How a new custody schedule may affect the child’s daily life.

This does not mean the current schedule can never change.

Rather, it means the court wants to know how a proposed change will affect the child.

When I prepare a custody case, I believe it is important to look beyond what each parent wants and examine what the child’s daily life will actually look like under the proposed arrangement.

Where will the child wake up? How will the child get to school? How long will exchanges take? Who provides childcare? What happens with sports and activities?

Those practical details can tell an important part of the story.

What Is Parenting Time?

Custody and parenting time are related, but they are not the same thing.

Parenting time means the time a child spends with each parent.

Indiana has Parenting Time Guidelines that help courts and parents create schedules.

The goal is usually for children to have frequent and meaningful contact with both parents when it is safe and appropriate.

But the same schedule will not work for every family.

A parenting schedule may need to consider:

• The child’s age;
• The child’s needs;
• School schedules;
• Work schedules;
• Distance between the parents’ homes;
• Transportation; and
• Safety concerns.

One of the mistakes I see parents make is focusing too much on whether the schedule is “equal.”

A better question is whether the schedule works for the child.

A 50/50 schedule may work very well for one family and poorly for another. The details matter.

What Evidence Is Important in a Custody Case?

Custody cases are decided based on evidence.

The court may consider things such as:

• School records;
• Attendance records;
• Medical information;
• Text messages or emails between the parents;
• Parenting schedules;
• Calendars;
• Evidence showing each parent’s involvement;
• Witness testimony;
• Information about the child’s home;
• Evidence of domestic violence; and
• Other records related to the child’s well-being.

In my experience, more evidence is not always better evidence.

Clients sometimes arrive with hundreds of screenshots and years of text messages. Some may be important. Much of it may simply show that two people going through a difficult breakup do not get along.

I encourage clients to ask a simpler question:

“How does this evidence show what is best for my child?”

A few clear pieces of evidence that relate directly to the child may be more useful than hundreds of pages showing arguments between the parents.

Does a Parent’s Behavior Matter?

Yes.

Custody cases can become very emotional.

Parents may be angry, hurt, or frustrated with each other.

But the court is focused on the child.

Parents can help their case by:

• Following court orders;
• Communicating in a reasonable way;
• Sharing important information;
• Keeping children out of adult arguments;
• Showing respect during exchanges; and
• Staying focused on the child.

This is some of the most practical advice I give custody clients: assume that what you write and what you do may someday be discussed in court.

Before sending an angry text or email, ask whether it helps solve the problem and whether you would be comfortable having a judge read it.

Parents do not have to agree. But they should try to keep the conflict between the adults and away from the child.

Can Parents Agree on Custody Without a Trial?

Yes.

Many custody cases are settled without a trial.

Parents may reach an agreement through:

• Talks between attorneys;
• Mediation; or
• Other settlement discussions.

An agreement can be helpful because parents often know their child’s needs better than anyone else.

Parents can also create detailed rules about:

• Holidays;
• Vacations;
• Transportation;
• School events;
• Sports and activities;
• Communication; and
• Major decisions.

Whenever a reasonable agreement can be reached, I believe there can be real value in allowing parents to help design their own parenting plan.

A judge may know the law, but the parents know when soccer practice occurs, how long the drive to school takes, what their work schedules are, and what their child needs each day.

That does not mean parents should agree to a bad arrangement simply to avoid court. It means a well-designed agreement can sometimes give a family more flexibility than a contested result.

Any agreement should also be written clearly.

I have seen vague language create new disputes months or years later. Details matter.

When Should You Talk to a Child Custody Attorney?

Not every disagreement requires a court case.

But it may be helpful to talk with an attorney when:

• A divorce or paternity case is starting;
• Parents cannot agree on custody;
• Parents cannot agree on parenting time;
• One parent wants to move;
• There are concerns about domestic violence;
• There are concerns about drug or alcohol abuse;
• There are concerns about neglect or child safety;
• One parent keeps denying parenting time;
• The current custody plan is no longer working;
• A parent wants to change an existing custody order; or
• A custody hearing or mediation is coming up.

I generally believe it is better to understand your legal position early rather than wait until a problem becomes a crisis.

Talking with an attorney does not mean that you must go to court. Sometimes good legal advice can help a parent avoid unnecessary litigation.

Frequently Asked Questions

Is Indiana automatically a 50/50 custody state?

No.

Indiana does not automatically require every child to spend half of the time with each parent.

The court looks at the child’s best interests.

Some families may have equal parenting time. Others may not.

Can a father get primary custody in Indiana?

Yes.

Indiana law does not automatically favor mothers over fathers.

The court looks at what is best for the child.

Can a 14-year-old choose which parent to live with?

No.

A child who is at least 14 years old does not automatically get to choose.

The court gives more consideration to the child’s wishes, but the judge still makes the final decision.

Does joint legal custody mean equal parenting time?

No.

Joint legal custody deals with major decisions for the child.

Parenting time deals with when the child spends time with each parent.

Can custody be changed later?

Yes.

Custody can sometimes be changed when there has been an important change in circumstances and a new arrangement would be in the child’s best interests.

Every Custody Case Is Different

No two families are exactly the same.

Children have different needs. Parents have different work schedules. Families live in different places. Children attend different schools and have different relationships with their parents.

That is one of the most important lessons I have learned from practicing family law: there is rarely a one-size-fits-all answer in a custody case.

I encourage parents to spend less time asking:

“How do I win custody?”

and more time asking:

“What arrangement is best for my child, and how can I show that?”

That change in focus can affect how a parent approaches everything from communication and evidence to mediation and trial preparation.

The most important question remains:

What custody arrangement is best for this child?

Speak With an Indiana Family Law Attorney

If you are facing a divorce, custody dispute, parenting-time issue, or other family law matter in Fort Wayne, Allen County, or Northeast Indiana, the Bellinger Law Office can help you understand your options.

My approach is to help clients understand both the law and the practical issues that can affect their families. Every custody case is different, and the strategy should fit the facts of the case and the needs of the child.

Contact the Bellinger Law Office to schedule a consultation about your Indiana child custody or family law matter.

 

This article is for general educational purposes only. It is not legal advice. Reading this article does not create an attorney-client relationship. Every legal matter depends on its own facts and circumstances.