An experienced child custody lawyer can help provide you and your children the opportunity to experience the fullness of life. Seeking custody of your children is very complicated and there are many laws that apply. One of the questions that the court wants answered is what is in the best interests of your children. I will help you provide the best possible answer. Contact Indianapolis family law attorney Randall Parr to begin the custody process.
Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child’s parent or parents.
(3) The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child’s parent or parents;
(B) the child’s sibling; and
(C) any other person who may significantly affect the child’s best interests.
(5) The child’s adjustment to the child’s:
(B) school; and
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.
(9) A designation in a power of attorney of:
(A) the child’s parent; or
(B) a person found to be a de facto custodian of the child.
[Pre-1997 Recodification Citation: 31-1-11.5-21(a).]
As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.7; P.L.133-2002, SEC.32; P.L.194-2017, SEC.14.
Supervised parenting time; conviction of crime involving domestic or family violence; batterer’s intervention program
Sec. 8.3. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent’s child.
(b) There is created a rebuttable presumption that the court shall order that the noncustodial parent’s parenting time with the child must be supervised:
(1) for at least one (1) year and not more than two (2) years immediately following the crime involving domestic or family violence; or
(2) until the child becomes emancipated;
whichever occurs first.
(c) As a condition of granting the noncustodial parent unsupervised parenting time, the court may require the noncustodial parent to complete a batterer’s intervention program certified by the Indiana coalition against domestic violence.
As added by P.L.133-2002, SEC.33. Amended by P.L.68-2005, SEC.32; P.L.162-2011, SEC.12.
Consideration of de facto custodian factors
Sec. 8.5. (a) This section applies only if the court finds by clear and convincing evidence that the child has been cared for by a de facto custodian.
(b) In addition to the factors listed in section 8 of this chapter, the court shall consider the following factors in determining custody:
(1) The wishes of the child’s de facto custodian.
(2) The extent to which the child has been cared for, nurtured, and supported by the de facto custodian.
(3) The intent of the child’s parent in placing the child with the de facto custodian.
(4) The circumstances under which the child was allowed to remain in the custody of the de facto custodian, including whether the child was placed with the de facto custodian to allow the parent now seeking custody to:
(A) seek employment;
(B) work; or
(C) attend school.
(c) If a court determines that a child is in the custody of a de facto custodian, the court shall make the de facto custodian a party to the proceeding.
(d) The court shall award custody of the child to the child’s de facto custodian if the court determines that it is in the best interests of the child.
(e) If the court awards custody of the child to the child’s de facto custodian, the de facto custodian is considered to have legal custody of the child under Indiana law.
As added by P.L.96-1999, SEC.8.
*See complete Indiana Code for all statutes. This is a partial listing only.