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Indiana family-law guide · reviewed August 22, 2026

Indiana Custody & Parenting Time

Current, source-linked Indiana terminology and rules without imported out-of-state formulas.

Legal information, not legal advice. Indiana law and local practice can change. Verify forms, fees, filing methods, service, and hearing procedure with the circuit/superior court clerk receiving your case.

Indiana terminology

Legal custody

The right to make major decisions for the child (education, health care, religious upbringing) — sole or joint.

Physical custody

Where the child lives and the schedule.

Sole / joint

Legal and physical custody may each be sole (one parent) or joint (shared).

Best interests

The standard; decided on all relevant factors, with no presumption favoring either parent (I.C. § 31-17-2-8).

Core rules

  • Indiana uses 'legal custody' and 'physical custody' (sole/joint) plus 'parenting time'
  • There is no presumption favoring either parent; custody is decided on the child's best interests
  • The Indiana Parenting Time Guidelines favor frequent, meaningful, and continuing contact with each parent
  • No party receives a preference based on gender
  • There is no fixed 50/50 presumption and no overnight formula that converts a schedule into a custody right
  • In contested cases the court may require mediation

Support and modification cautions

Indiana uses the Income Shares model for child support — not a flat percentage of one parent's income. The court combines both parents' gross weekly income and reads the basic obligation from the Guideline Schedules for Weekly Support Payments (I.C. § 31-16-6-1 / IN Child Support Rules and Guidelines, updated eff. 5/14/2024). A custody order may be modified upon a substantial change of circumstances (I.C. § 31-17-2-21).

Official sources reviewed August 22, 2026

Always confirm current local forms, fees, and filing procedure with the Indiana Circuit/Superior Court clerk handling your case.

Confirm current court fees and deadlines. Court fees, filing and response deadlines, hearing timing, notice periods, and local procedures can change or vary by Indiana county and court. Before relying on any amount or time period on this page, confirm the current amount or deadline with the court or clerk handling your case.