How is child custody determined?

In Indiana, child custody determinations are governed by the Indiana Parenting Time Guidelines. These guidelines are used by Indiana courts to make decisions about physical custody for children in cases of divorce. According to the guidelines, physical custody is determined by taking into consideration the best interests of the child. Factors used to make a determination of the best interests of the child include, but are not limited to, the child’s age, physical and psychological health, relationship with each parent, the parents’ mental and physical health, and the ability of each parent to provide for the child’s physical and emotional needs. Furthermore, the court can consider any evidence or testimony presented regarding the parents’ history of caring for and parenting the child. When making the determination of physical custody, courts may grant joint custody, sole custody to one parent, or split arrangement custody. With joint custody, the child spends approximately equal amounts of time with both parents and the parents jointly make decisions about the child’s upbringing. In cases of sole custody, one parent has the authority to make decisions about care for and upbringing of the child. With a split arrangement custody, the court determines a schedule of nights each parent will have custody of the child. In addition, the court may order a parenting plan to be in place. This plan outlines the rights and responsibilities of each parent with regard to the care of the child. The plan should include provisions for decision-making, communication between parents and the child, and dispute resolution. Ultimately, each custody determination must be based solely on the best interests of the child.

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