Custody and Parenting Time

The court decides custody by the child's best interests, with no presumption favoring either parent, and considers every relevant factor, including these.

• The child's age and sex, and the wishes of the parents.
• The child's wishes, given more weight when the child is at least fourteen.
• The child's relationships with parents, siblings and anyone else who significantly affects the child.
• The child's adjustment to home, school and community, and everyone's mental and physical health.
• Any pattern of domestic or family violence by either parent, and care by a de facto custodian.

• §IC 31-17-2-8StatuteCustody orderOpens iga.in.gov ↗

A custody order may be changed only where the change is in the child's best interests and there has been a substantial change in one or more of those factors.

• §IC 31-17-2-21StatuteModification of child custody orderOpens iga.in.gov ↗

A parent without custody is entitled to reasonable parenting time, unless after a hearing the court finds it might endanger the child's physical health or significantly impair the child's emotional development.

• §IC 31-17-4-1StatuteParenting time rights; in chambers interview of child; rebuttable presumption for supervised parenting timeOpens iga.in.gov ↗

Parenting time for a parent convicted of child molesting or child exploitation is presumed to be supervised, and must be supervised where the conviction was within the previous five years.

• §IC 31-17-4-1StatuteParenting time rights; in chambers interview of child; rebuttable presumption for supervised parenting timeOpens iga.in.gov ↗