Start with Ind. Code §§ 31-17-2-8 to 31-17-2-21. In Indiana, Indiana uses Legal custody and physical custody; parenting time follows the Indiana Parenting Time Guidelines unless otherwise ordered.. Courts determine custody based on best-interests factors under § 31-17-2-8, including the child’s age and sex, wishes of parents and child, interaction with family, adjustment to home/school, and mental and physical health. Joint legal custody may be ordered when parents can communicate; physical custody follows best interests with Guideline parenting time as a baseline. That is the question this guide answers for child custody and parenting time. Relocation: A parent seeking to relocate must file a notice under the relocation statute; the court may grant or deny relocation based on best interests. Modification: A substantial change in one or more best-interests factors is required to modify custody.
Best-interests factors in Indiana
Courts determine custody based on best-interests factors under § 31-17-2-8, including the child’s age and sex, wishes of parents and child, interaction with family, adjustment to home/school, and mental and physical health.
Legal custody, physical custody, and parenting time
Legal custody and physical custody; parenting time follows the Indiana Parenting Time Guidelines unless otherwise ordered.
Joint legal custody may be ordered when parents can communicate; physical custody follows best interests with Guideline parenting time as a baseline.
How the Indiana rule applies
Apply the Indiana authorities in order. The facts are simplified so the statute and the standard are visible.
Two parents in Indiana disagree about where the child lives during the school week, and one wants to move.
- Use the labels Indiana actually uses: Legal custody and physical custody; parenting time follows the Indiana Parenting Time Guidelines unless otherwise ordered..
- Apply the best-interests factors: Courts determine custody based on best-interests factors under § 31-17-2-8, including the child’s age and sex, wishes of parents and child, interaction with family, adjustment to home/school, and mental and physical health.
- Check any parenting presumption: Joint legal custody may be ordered when parents can communicate; physical custody follows best interests with Guideline parenting time as a baseline.
- If a move is proposed: A parent seeking to relocate must file a notice under the relocation statute; the court may grant or deny relocation based on best interests. Later changes follow: A substantial change in one or more best-interests factors is required to modify custody.
Custody is pleaded in dissolution or a paternity/custody case. Parenting-time guidelines and mediation are common. Final decrees allocate legal and physical custody and a parenting-time calendar.
Relocation with a child
A parent seeking to relocate must file a notice under the relocation statute; the court may grant or deny relocation based on best interests.
Modifying a Indiana custody order
A substantial change in one or more best-interests factors is required to modify custody.
How custody cases typically move in Indiana
Custody is pleaded in dissolution or a paternity/custody case. Parenting-time guidelines and mediation are common. Final decrees allocate legal and physical custody and a parenting-time calendar.
Related Indiana guides
Case law: custody and parenting time in Indiana
Dustin Lee JARRELL, Appellant-Respondent, v. Billie Jo JARRELL, Appellee-Petitioner
…ell (Father), appeals the trial court’s Order modifying the custody of his minor child, G.J., in favor of Appellee-Petitioner, Billie Jo Jarrell (Mother). We affirm. *1189 ISSUES Father raises three issues on appeal, which we restate as the following: (1) Whether the trial court erred by failing to consider the proper statutory factors following Father’s objection to Mother’s r…
On child custody, Dustin Lee JARRELL, Appellant-Respondent, v. Billie Jo JARRELL, Appellee-Petitioner speaks to the Indiana dispute in this passage: "Father), appeals the trial court’s Order modifying the custody of his minor child, G.J., in favor of Appellee-Petitioner, Billie Jo Jarrell (Mother). We affirm." The surrounding opinion shows how the court applied that language to the record.
Elijah L. NUNN, Jr., Appellant-Respondent, v. Kristina R. NUNN, Appellee-Petitioner
…ary Elijah Nunn appeals the trial court’s order denying him custody of and visitation with his stepdaughter and granting sole custody of his son to his ex-wife, Kristina Nunn. We affirm in part and reverse and remand in part. Issues Elijah raises three issues, which we restate as: I. whether the trial court properly determined that it did not have jurisdiction to decide if he w…
On child custody, Elijah L. NUNN, Jr., Appellant-Respondent, v. Kristina R. NUNN, Appellee-Petitioner speaks to the Indiana dispute in this passage: "Elijah Nunn appeals the trial court’s order denying him custody of and visitation with his stepdaughter and granting sole custody of his son to his ex-wife, Kristina Nunn. We affirm in part and reverse and remand in part. Issues Elijah raises three issues, which we restate as: I." The surrounding opinion shows how the court applied that language to the record.
Aimee Sue WALLIN, Appellant-Petitioner, v. Kevin Edward WALLIN, Appellee-Respondent
…dge. Aimee Sue Wallin appeals from an order modifying child custody in which the trial court transferred custody of her two minor children to her ex-husband Kevin Edward Wallin. FACTS Aimee Wallin (hereinafter "Mother") and Kevin Wallin (hereinafter "Father") divorced on January 21, 1993. The parties had two minor children born during the marriage, Tiffany Renee Wallin, born Ju…
Aimee Sue WALLIN, Appellant-Petitioner, v. Kevin Edward WALLIN, Appellee-Respondent is worth reading on Indiana child custody because the court put the point in its own words: "Aimee Sue Wallin appeals from an order modifying child custody in which the trial court transferred custody of her two minor children to her ex-husband Kevin Edward Wallin." Use that passage as the starting point, then read the facts that precede it.
Lawrence D. KEEN, Appellant, v. Elizabeth KEEN, Appellee
Lawrence D. KEEN, Appellant, v. Elizabeth KEEN, Appellee, 1994 Ind. App. LEXIS 187 (1994)
…bmitted an agreement to the trial court that gave Elizabeth custody of Alexis and Lawrence reasonable visitation. They also included a "child care" agreement that provided: [E]ach party to give first option to the other for child care during periods when either party might otherwise have the child but could not be with the child on that particular day or during that period. Whe…
Indiana opinions such as Lawrence D. KEEN, Appellant, v. Elizabeth KEEN, Appellee are cited where child custody is disputed. The court stated: "Elizabeth custody of Alexis and Lawrence reasonable visitation." That is the language to brief; the rest of the decision supplies the procedural posture.
Matter of Paternity of Joe
Matter of Paternity of Joe, 486 N.E.2d 1052 (1985)
…r's paternity of Daughter, and Father did not contest legal custody, which was then awarded to Mother. Aside from the petitions for contempt citation that each parent filed against the other, the only seriously disputed issue at the final hearing was Father's visitation with Daughter, an issue complicated by Mother's move during the pendency of trial from Indianapolis, Indiana,…
Indiana opinions such as Matter of Paternity of Joe are cited where child custody is disputed. The court stated: "Daughter, and Father did not contest legal custody, which was then awarded to Mother." That is the language to brief; the rest of the decision supplies the procedural posture.
Margaret J. Stevenson v. Robert L. Stevenson v. Joseph N. Stevenson and Carol O. Stevenson
…bert L. Stevenson (Robert) dissolved. Also, Margaret sought custody of Christina Ghu-man. Christina was the granddaughter of Margaret and Robert as well as their legally adopted child. Robert filed a counter-petition which sought the same relief. Intervenors-appellees, Joseph N. and Carol O. Stevenson (Joseph and Carol), are the son and daughter-in-law of Margaret and Robert. T…
Margaret J. Stevenson v. Robert L. Stevenson v. Joseph N. Stevenson and Carol O. Stevenson is worth reading on Indiana child custody because the court put the point in its own words: "L. Stevenson (Robert) dissolved. Also, Margaret sought custody of Christina Ghu-man. Christina was the granddaughter of Margaret and Robert as well as their legally adopted child. Robert filed a counter-petition which sought the same relief. Intervenors-appellees, Joseph N." Use that passage as the starting point, then read the facts that precede it.
Susan L. GRIFFITH, Appellant (Plaintiff Below), v. Thomas E. WEBB, Appellee (Defendant Below)
…nda on December 8, 1977. Amanda lived with her mother until custody of Amanda was changed to her father on June 15, 19883. In appealing that change in custody, Susan argues that there was insufficient evidence to show a substantial change in cireumstances thereby warranting a change in custody. The flaw in Susan's argument is that she bases it upon an inapplicable statutory pro…
On child custody, Susan L. GRIFFITH, Appellant (Plaintiff Below), v. Thomas E. WEBB, Appellee (Defendant Below) speaks to the Indiana dispute in this passage: "December 8, 1977. Amanda lived with her mother until custody of Amanda was changed to her father on June 15, 19883." The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- Best-interests standard: Courts determine custody based on best-interests factors under § 31-17-2-8, including the child’s age and sex, wishes of parents and child, interaction with family, adjustment to home/school, and mental and physical health.
- Labels used in Indiana: Legal custody and physical custody; parenting time follows the Indiana Parenting Time Guidelines unless otherwise ordered..
- Parenting-time posture: Joint legal custody may be ordered when parents can communicate; physical custody follows best interests with Guideline parenting time as a baseline.
- Relocation: A parent seeking to relocate must file a notice under the relocation statute; the court may grant or deny relocation based on best interests.
- Modification: A substantial change in one or more best-interests factors is required to modify custody.
- Primary authority: Ind. Code §§ 31-17-2-8 to 31-17-2-21.
Frequently asked questions
What does Indiana call “custody”?
Legal custody and physical custody; parenting time follows the Indiana Parenting Time Guidelines unless otherwise ordered.
Can I move out of state with my child?
A parent seeking to relocate must file a notice under the relocation statute; the court may grant or deny relocation based on best interests.
How do I change an existing custody order in Indiana?
A substantial change in one or more best-interests factors is required to modify custody.
This guide covers Indiana custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.