Joint vs. Sole Custody in Indiana: Is There a Presumption of Equal Time?
Indiana has no presumption favoring either parent or joint custody. The court decides custody on the child’s best interests, using nine factors, and may award joint legal custody if it finds it in the child’s best interest.
Is joint custody presumed in Indiana?
No. The court determines custody and enters a custody order in accordance with the best interests of the child, and in determining the best interests there is no presumption favoring either parent (IC 31-17-2-8). The court may award legal custody jointly if it finds that joint legal custody would be in the child’s best interest (31-17-2-13).
What are the best-interest factors in Indiana?
The court considers all relevant factors, including the age and sex of the child; the wishes of the parent or parents; the wishes of the child, with more consideration if the child is at least 14; the child’s interaction and interrelationship with parents, siblings and others who may significantly affect the child; the child’s adjustment to home, school and community; the mental and physical health of all individuals involved; evidence of a pattern of domestic or family violence by either parent; evidence that a de facto custodian has cared for the child; and a designation in a power of attorney of the child’s parent or a de facto custodian (31-17-2-8).
How does the court decide joint legal custody in Indiana?
It treats it as a matter of primary, but not determinative, importance that the persons awarded joint custody have agreed to it, and it also considers each person’s fitness and suitability, whether they are willing and able to communicate and cooperate in advancing the child’s welfare, the child’s wishes, whether the child has a close and beneficial relationship with both, whether they live in close proximity and plan to continue to, and the nature of the physical and emotional environment in each home (31-17-2-15).
What does this mean for physical custody and parenting time in Indiana?
Joint legal custody concerns decision-making. Where the child lives and how much time each parent has are set in the custody and parenting time orders on the child’s best interests. The statutes we read set no presumption of equal time; the Indiana Parenting Time Guidelines, which we did not reproduce here, set out typical schedules.
Can the court consider conduct in Indiana?
Evidence of a pattern of domestic or family violence by either parent is a listed factor (31-17-2-8(7)). The court weighs all relevant factors and no presumption favors either parent.
Does the child get a say in Indiana?
The wishes of the child are a factor, with more consideration given to the child’s wishes if the child is at least 14 (31-17-2-8(3)). Wishes are weighed with the other factors, not treated as decisive.
What is a de facto custodian in Indiana?
Evidence that the child has been cared for by a de facto custodian is a listed factor, and if the evidence is sufficient, the court considers the additional factors in section 8.5(b) of the chapter (31-17-2-8(8)); ask a licensed Indiana attorney if a relative or other adult has raised your child.
How does custody connect to support in Indiana?
The label does not set the amount; the overnights do. Count your schedule with the Indiana parenting time calculator and run the Indiana child support calculator.
Can custody be changed after a move in Indiana?
A parent’s relocation can lead to a motion to modify custody or to prevent the child’s relocation, under the relocation chapter. See moving away with a child in Indiana.
Frequently asked questions
Does Indiana favor joint custody?
No presumption favors either parent; the court decides on the child’s best interests.
How many best-interest factors does Indiana use?
Nine listed factors, which the court shall consider with any other relevant factor.
How does an Indiana court decide joint legal custody?
It considers the parents’ agreement, fitness, ability to communicate and cooperate, the child’s wishes, proximity and the home environment.
Can an Indiana child’s wishes matter?
Yes. More consideration is given to the wishes of a child who is at least 14.
Does domestic violence affect Indiana custody?
A pattern of domestic or family violence is a best-interest factor.
Official sources
- IC 31-17-2-8: custody; best interests
- IC 31-17-2-13: joint legal custody
- Indiana Child Support Guideline 6: parenting time credit
- IC 31-17-2.2-5: motion to prevent relocation; burden of proof
- Indiana Courts: child support calculator
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Indiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Indiana attorney.