The law in plain words
Under Indiana Code 31-17-2-8, a court decides custody on the child's best interests. The statute says there is no presumption favoring either parent.
Legal and physical custody
Indiana separates decisions from time.
- Joint legal custody: both parents share major decisions on school, health care and religion.
- Sole legal custody: one parent makes those major decisions.
- Parenting time: Indiana's word for a parent's scheduled time with the child.
Joint legal custody does not require an equal split of time. Without it, the custodial parent decides the child's education, health care and religion.
A parent without custody is entitled to reasonable parenting time, unless it would endanger the child.
Is Indiana a 50/50 state?
No. Indiana has no presumption of equal time or of joint custody.
A judge may order joint legal custody only after finding it is best for the child. Since July 1, 2025, final custody orders must state the judge's findings.
Bills to make joint custody or equal time the default were filed every year from 2023 to 2026. None passed.
The best-interest factors
Section 31-17-2-8 lists factors the court must consider, along with anything else relevant:
- the child's age and sex
- what each parent wants
- the child's wishes, with more weight at 14 or older
- the child's bonds with parents, siblings and other key people
- how settled the child is at home, school and in the community
- the mental and physical health of everyone involved
- a pattern of domestic or family violence by either parent
- care by a de facto custodian, a non-parent who raised the child
- a parent's choice of guardian in a power of attorney
For unmarried parents, the same list applies except the last factor.
When judges order joint legal custody
Whether the parents agree to joint legal custody matters most, but it does not decide the question. The judge also weighs:
- each parent's fitness
- whether the parents can communicate and cooperate about the child
- the child's wishes, with more weight at 14 or older
- the child's relationship with each parent
- how close the parents live to each other
- the home environment each parent offers
In paternity cases, a pattern of family violence is also on the list.
Your child's wishes at 14
Indiana sets no age at which a child decides. At 14 or older, the judge must give the child's wishes more weight.
The judge may interview the child privately in chambers. Under the Guidelines, a child never decides whether scheduled parenting time happens.
The Indiana Parenting Time Guidelines
The Indiana Parenting Time Guidelines are a court rule. They are presumed to apply in every custody case, including paternity cases.
They set the minimum time for the parent without custody, not the maximum. A judge who orders less must explain why in writing.
The current version took effect January 1, 2022. Some copies online are a draft from 2000, so check the date.
The Guidelines do not apply where there is family violence, substance abuse or a risk that a parent will flee with the child.
The schedule by age
The Guidelines set different minimums as a child grows. This table summarizes them.
| Child's age | Regular parenting time | Holidays |
|---|---|---|
| Birth to 4 months | Three 2-hour visits a week, on non-consecutive days | 2 hours |
| 5 to 9 months | Three 3-hour visits a week, on non-consecutive days | 3 hours |
| 10 to 12 months | Three days a week, one of them 8 hours | 8 hours |
| 13 to 18 months | Three days a week, one of them 10 hours | 8 hours |
| 19 to 36 months | Alternate weekends, 10 hours each day, plus a 3-hour midweek visit | 10 hours |
| 3 and older | Alternate weekends, Friday 6 p.m. to Sunday 6 p.m., plus one evening a week | Holiday schedule |
The midweek evening lasts up to four hours, ending by 9 p.m. Before age 3, overnights depend on whether the parent has already shared regular care.
Holidays, summer and long distance
For children 3 and older, the holiday schedule overrides the regular weekends.
- Christmas break: split in half, with the halves alternating by year.
- Thanksgiving: Wednesday 6 p.m. to Sunday 6 p.m., with the non-custodial parent in even years.
- Mother's Day and Father's Day: the weekend goes to that parent.
- The child's birthday: alternates between parents.
Extended time: at ages 3 and 4, up to four non-consecutive weeks a year, with 60 days' notice. From age 5, half of summer vacation, chosen by April 1.
Long distance: schedules are set case by case. For a child of 5 or older, the suggested schedule is seven summer weeks, seven days of winter break and all of spring break.
Everyday rules in the Guidelines
The Guidelines also set rules that apply week to week.
- Extra time first: if a parent needs a non-family sitter, they must first offer the other parent that time.
- Make-up time: if time is missed and parents cannot agree, the parent who lost it picks make-up time within one month.
- Support and time are separate: neither can be withheld because the other parent broke an order.
- Records: both parents get direct access to school and medical records.
- Mediation: once a court case starts, parents mediate unless the court orders otherwise.
Mothers' and fathers' rights
Married parents start equal. Section 31-17-2-8 says there is no presumption favoring either parent.
Sole legal custody does not end the other parent's rights. That parent keeps parenting time, unless it would endanger the child, and access to school and medical records.
If you were never married
Under Indiana Code 31-14-13-1, an unmarried mother has sole legal custody. That changes only through the paternity affidavit, a statute or a court order.
Paternity is set by a court case or by signing a paternity affidavit. The affidavit is signed at the hospital within 72 hours of birth, or later at a local health department.
- The default: the mother has sole legal and primary physical custody. The father gets parenting time under the Guidelines.
- The joint box: parents can tick a box to share joint legal custody. It is void unless a genetic test confirming the father reaches the health officer within 60 days of birth.
Within 60 days of signing, the man can ask a court for a genetic test. After that, undoing it needs fraud, duress or mistake, plus a test excluding him.
A mother or alleged father usually must file a paternity case within two years of the birth. These cases are heard in juvenile court.
Domestic violence
A pattern of domestic or family violence is a custody factor. The legal definition includes threats, placing someone in fear of harm, forced sexual activity and harming an animal to intimidate.
If a parent was convicted of a domestic violence crime the child saw or heard, supervised parenting time is presumed. It lasts one to two years, and the court may require a batterer's intervention program.
A court cannot order joint counseling in a divorce where there is a pattern of family violence. A mediator must stop if mediation would harm a party or the children.
Emergency and temporary custody
In a divorce or legal separation, either parent can ask for temporary custody while the case is open. The request needs a sworn affidavit setting out the facts.
The court must schedule a preliminary hearing straight away. It must decide within 21 days of filing.
For an order without notice to the other parent, Trial Rule 65(B) needs sworn facts showing immediate and irreparable harm. That order lasts up to 10 days unless extended.
A protective order can limit or supervise parenting time after a hearing. Its custody terms give way to a later divorce or paternity order.
The state's self-help site has no standalone emergency custody form. The divorce packet includes a provisional hearing order.
Moving with your child
Under Indiana Code 31-17-2.2, a relocation is a change of your main home for at least 60 days.
- File a notice of intent to move with the court that issued your order, and serve it on the other parent.
- Timing: at least 30 days before the move, or within 14 days of learning about it, whichever is sooner.
- Response: the other parent has 20 days after service to respond or object.
If no one responds, the parent may move. If the other parent objects, the mover must show good faith and a legitimate reason. The objecting parent must then show the move is not in the child's best interest.
No notice is needed if a court order already covers the move. Nor is it needed if the move brings the homes closer, or adds 20 miles or less while the child stays in the same school.
Changing custody
To change custody, you must show two things under section 31-17-2-21:
- the change is in the child's best interests
- at least one of the best-interest factors has substantially changed
The court generally will not rehear events from before the last custody hearing. Parenting time alone can be changed whenever that serves the child.
The self-help form is the Verified Petition to Modify Custody. File it in the county that issued the order, with a child support worksheet.
How to file for custody in Indiana
Where you file depends on your situation.
- Married parents: custody is decided in the divorce, in circuit or superior court. One spouse needs six months in Indiana and three in the county.
- Unmarried parents: custody is decided in a paternity case in juvenile court.
- Get the forms from the state's Self-Service Legal Center, which links to Indiana Legal Help.
- File and serve the petition on the other parent.
- Attend mediation if ordered. You have seven days to object to a mediation referral.
- Check local rules for a required parenting class. Indiana has no statewide one.
A divorce final hearing cannot be held sooner than 60 days after filing.
How much does it cost to file for custody in Indiana?
Filing fees are set statewide. Indiana's trial court fee manual lists these totals:
| Case | Fee | With sheriff service |
|---|---|---|
| Divorce or other civil case | $157 | $185 |
| Paternity, in juvenile court | $176 | $204 |
A county with a domestic relations mediation program may add a $20 fee.
If you cannot afford the fees, file a Verified Motion for Fee Waiver, a sworn statement of your finances. A judge can waive all or part of the fees.
What changed in 2025 and 2026
Indiana's recent changes are mostly procedural.
- July 1, 2025: final custody orders must include the judge's findings of fact and conclusions of law.
- July 1, 2026: after a paternity affidavit, a court must enter a paternity and support order.
- July 1, 2026: custody definitions moved to Indiana Code 31-9-2.1, with no change in meaning.
- Bills that failed: joint custody and equal time defaults, filed each year from 2023 to 2026.
Building the record
Indiana judges measure parenting time against the Guidelines. Missed exchanges, make-up time and refused extra time all show up in dates.
Note each exchange and each schedule change as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
An Indiana parenting-time record
Indiana judges compare what happened with the Guidelines. Keep these items current so the dates are ready.
Keep the record Indiana's Guidelines ask for
Casewell keeps dated exchanges, make-up time and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Is Indiana a 50/50 custody state?
No. There is no presumption of equal time or joint custody. Judges decide on the best-interest factors, and the Parenting Time Guidelines set the minimum.
What are the Indiana Parenting Time Guidelines for holidays?
For children 3 and older, holidays override the regular schedule. Christmas break is split in half and alternates by year. Thanksgiving goes to the non-custodial parent in even years.
At what age can a child decide which parent to live with in Indiana?
No age lets a child decide. At 14 or older, the judge must give the child's wishes more weight.
Does sole legal custody terminate parental rights?
No. The other parent keeps parenting time, unless it would endanger the child, and access to school and medical records.
How much does it cost to file for custody in Indiana?
Civil cases total $157, or $185 with sheriff service. Paternity cases total $176, or $204 with sheriff service. A $20 mediation fee may apply, and fees can be waived.
Who has custody if the parents are not married in Indiana?
The mother has sole legal custody until a paternity affidavit or court order says otherwise. The father must establish paternity first.
Sources
This page summarizes Indiana Code Title 31, the Indiana Parenting Time Guidelines and Indiana court rules as of October 2026. It explains the law in general terms and is not legal advice.
- Indiana Code 31-17-2 โ custody, best-interest factors and joint legal custody checked
- Indiana Code 31-14-13 โ custody for unmarried parents checked
- Indiana Code 31-17-2.2 โ relocation notice checked
- Indiana Code 31-15-4 โ provisional orders in a divorce checked
- Indiana Parenting Time Guidelines (effective January 1, 2022) checked
- Indiana Judicial Branch โ Self-Service Legal Center checked
- Indiana Legal Help โ custody frequently asked questions checked
- Indiana Office of Court Services โ trial court fee manual checked