Indiana Child Custody Attorneys
A Stable Parenting Plan Starts with the Child’s Best Interests.
Whether parents are divorcing or were never married, clear custody and parenting-time orders can protect the child’s stability and both parents’ rights. Custom Law handles agreements, mediation, contested hearings, enforcement, modification, and relocation.
Legal Custody, Physical Custody, and Parenting Time
Legal custody concerns authority over major medical, educational, and religious decisions. Physical custody determines where the child lives. Either form may be sole or shared, and the divisions do not have to be identical.
Under Indiana Code §§31-17-2-13 through 31-17-2-15, joint legal custody is common but not automatic. The court considers each parent’s fitness, the child’s relationships, and whether the parents can communicate and cooperate.
A parent with more than half of the physical custody is generally the custodial parent. Under §31-17-4-1, a noncustodial parent has a right to reasonable parenting time unless contact would endanger the child’s physical health or emotional development.
Orders Must Be Followed
Neither parent may unilaterally change exchange times, locations, or court-ordered parenting time. Interference may require enforcement proceedings.
Indiana’s Best-Interests Standard
Under Indiana Code §31-17-2-8, custody is determined according to the child’s best interests. Indiana does not presume that a mother or father is automatically the better parent.
Factors Considered by the Court
- The child’s age and sex and each parent’s wishes
- The child’s wishes, with greater consideration generally given at age 14 or older
- Relationships with parents, siblings, and significant household members
- Adjustment to home, school, and community
- The mental and physical health of everyone involved
- Evidence of domestic abuse
- Care provided by a de facto custodian
Income, housing, privacy, safety, and other circumstances affecting the child may also be relevant.
Mediation
Under §31-17-2.4-1, courts often require parents to attempt a parenting plan through mediation, although the requirement may be waived when mediation is unlikely to help.
Modification, Relocation, and Other Custody Issues
Under §31-17-2-21, a custody order may be modified only when the change is in the child’s best interests and there has been a substantial change in at least one relevant custody factor.
Relocation to another state or a significant distance within Indiana can affect custody and parenting time. Advice should be obtained before moving with the child or responding to a proposed move.
Our custody work also includes guardianship and third-party custody when neither parent can provide care, grandparent visitation under Indiana Code §31-17-5, and enforcement when a parent refuses to honor the existing order.
Focused on What Matters Most
What to Expect from Custom Law
Family matters require practical advice, careful preparation, and an understanding of how today’s decisions will affect children, finances, and relationships later. We develop a strategy around your objectives while preparing for negotiation, mediation, or court.
Individual Strategy
Your family, priorities, and risks shape the plan rather than a standard form or one-size-fits-all approach.
Candid Guidance
We explain realistic options, likely tradeoffs, and the information needed to make informed decisions.
Negotiation and Trial Readiness
We seek workable agreements while preparing the evidence and arguments needed when court becomes necessary.
Client Reviews
What Our Clients Say
Going through a divorce was the hardest thing I've done, but they protected me and my kids every step of the way. Compassionate and relentless in the courtroom.
Sarah M.
They took the time to explain everything and never made me feel like just another case number. The outcome exceeded my expectations.
Ashley P.