Child Custody Laws in Indiana
How courts in Indiana decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: Custody is decided by the best interests of the child, with no presumption favoring either parent. Factors include the child's age and sex, the parents' wishes, the child's wishes (given more weight if the child is at least 14), the child's relationships with parents, siblings and… Ind. Code §§ 31-17-2-8, 31-17-2-15
| Child custody | Custody is decided by the best interests of the child, with no presumption favoring either parent. Factors include the child's age and sex, the parents' wishes, the child's wishes (given more weight if the child is at least 14), the child's relationships with parents, siblings and others, adjustment to home, school and community, the health of everyone involved, any pattern of domestic or family violence, and care by a de facto custodian. For joint legal custody, the court also considers whether the parents can communicate and cooperate. The Indiana Parenting Time Guidelines also apply to parenting time schedules. Re-verified 2026-10-27. |
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| Emergency and temporary custody | Under Indiana's interstate custody law, an Indiana court has temporary emergency jurisdiction if the child is present in Indiana and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Indiana order lasts only until an order is obtained from that state within the period the court sets. Re-verified 2026-10-27. Source: Ind. Code § 31-21-5-4 |
| Parenting class or mediation | Some Indiana counties require divorcing parents of minor children to attend a seminar and to mediate; for example, the Clark County divorce-with-children packet includes a Notice of Seminar Requirement and a Notice of Mediation Requirement. No statewide requirement was verified; rules vary by county. |
Where to get help in Indiana
More Indiana divorce & family law
- Getting a Marriage License in Indiana
- Adopting a Child in Indiana
- Guardianship of a Child or Adult in Indiana
- Establishing Paternity in Indiana
- Changing Your Name in Indiana
- How Child Support Is Calculated in Indiana
- Divorce Records in Indiana
- Alimony and Spousal Support in Indiana
- How to File for Divorce in Indiana
- Legal Separation and Annulment in Indiana
- All Indiana divorce & family law rules
FAQ
How is child custody decided in Indiana?
Custody is decided by the best interests of the child, with no presumption favoring either parent. Factors include the child's age and sex, the parents' wishes, the child's wishes (given more weight if the child is at least 14), the child's relationships with parents, siblings and others, adjustment to home, school and community, the health of everyone involved, any pattern of domestic or family violence, and care by a de facto custodian. For joint legal custody, the court also considers whether the parents can communicate and cooperate.
How do you get emergency custody in Indiana?
Under Indiana's interstate custody law, an Indiana court has temporary emergency jurisdiction if the child is present in Indiana and has been abandoned, or emergency action is needed to protect the child because the child, a sibling or a parent is being mistreated or abused or threatened with it. If another state has jurisdiction, the Indiana order lasts only until an order is obtained from that state within the period the court sets.
Do you have to take a parenting class to divorce in Indiana?
Some Indiana counties require divorcing parents of minor children to attend a seminar and to mediate; for example, the Clark County divorce-with-children packet includes a Notice of Seminar Requirement and a Notice of Mediation Requirement.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.