Indiana Custody & Parenting-Time Guide

IN PLAIN ENGLISH

How custody works in Indiana

In Indiana, the judge decides custody based on the child's best interests, using factors written in state law. [IN-P5] Legal custody is about who makes major decisions on education, health care and religion; physical custody is about where the child lives. [IN-P8]

The Indiana Parenting Time Guidelines are presumed to apply in every case, including paternity cases. [IN-P2] They set the minimum time a parent should have when parents cannot reach their own agreement, and a plan that gives less than that minimum needs a written reason. [IN-P2] Parents can agree to more time, and judges can order more. [IN-P2]

For children 3 and older, the Guidelines give the noncustodial parent alternating weekends from Friday at 6 p.m. to Sunday at 6 p.m., one evening a week (preferably midweek) for up to four hours with return by 9 p.m., and scheduled holidays. [IN-P3] For children 5 and older, that parent also gets half of the summer break, choosing the dates by April 1. [IN-P3] Babies and toddlers have shorter, more frequent visits that build up with age. [IN-P3]

The Guidelines do not apply where there is family violence, substance abuse, a risk the child will be taken, or other danger to the child. [IN-P2] Parents who work well together can instead use a Shared Parenting plan, which the judge reviews separately. [IN-P4]

Words you’ll see in your papers

Parenting time: Indiana's word for the time a child spends with a parent. The Guidelines use it instead of "visitation" to emphasize how important the time a parent spends with a child is. [IN-P2]
Custodial and noncustodial parent: The custodial parent is the one the child mainly lives with. The Guidelines set the noncustodial parent's minimum schedule. [IN-P3]
Legal custody: Who makes major decisions about the child's education, health care and religious training, and who can see school and medical records. Joint legal custody means parents share these rights. [IN-P8]
Indiana Parenting Time Guidelines: Statewide court rules that give a default schedule by age, plus holidays and summer, used when parents cannot agree. [IN-P1, IN-P2]
Paternity affidavit: A form unmarried parents can sign to make the father the child's legal father without a court case. [IN-P8]
Notice of Intent to Relocate: The court paper a parent files and sends when planning to move, so the other parent can respond. [IN-P6]

COMMON QUESTIONS

What parents in Indiana ask first

Does Indiana start from 50/50?

No. Indiana's starting point is the Parenting Time Guidelines, which set a minimum schedule for the noncustodial parent, not equal time. [IN-P2, IN-P3] Parents who cooperate well can ask for a Shared Parenting plan instead. [IN-P4]

What does the judge look at?

Indiana law lists factors including: the child's age and sex; what each parent wants; what the child wants, with more weight if the child is at least 14; the child's relationships with parents, siblings and other important people; the child's adjustment to home, school and community; the mental and physical health of everyone involved; and any pattern of domestic or family violence. [IN-P5]

Is there a standard schedule?

Yes. The Parenting Time Guidelines are the statewide default when parents cannot agree. [IN-P2] For a child 3 or older that means alternating weekends from Friday 6 p.m. to Sunday 6 p.m., one weeknight evening of up to four hours, and scheduled holidays; children 5 and older also get half the summer with the noncustodial parent. [IN-P3] The Guidelines are a minimum, and judges are told not to simply default to them without thinking about the best plan for your child. [IN-P2]

Does my child get to choose?

No child gets to decide alone, but the judge must consider the child's wishes, and gives them more weight once the child is at least 14. [IN-P5]

Can I move away with my child?

If you have or want custody or parenting time and plan to move, you generally must file a Notice of Intent to Relocate with the court that issued your order and notify the other parent. [IN-P6] You may not need to file if an earlier order says so, or if the move brings you closer to the other parent or adds no more than 20 miles and keeps the child in the same school. [IN-P6] The other parent can ask the court to stop the move or to change custody, parenting time or support, and the existing orders stay in effect until the court changes them. [IN-P7]

Can the order be changed later?

Yes, but the judge may change a custody order only if the change is in the child's best interests and there has been a substantial change in one or more of the factors the law lists. [IN-P5] The child does not have to have been harmed first. [IN-P5]

We were never married. What happens first?

For a child born to unmarried parents, the mother automatically has physical custody unless a court orders otherwise. [IN-P8] Paternity can be established by both parents signing a paternity affidavit or through the courts; once it is established, the father has the right to parenting time under the Guidelines unless a court rules otherwise. [IN-P8] A man can cancel a signed paternity affidavit only within 60 days. [IN-P8]

What if I am not safe?

The Parenting Time Guidelines do not apply to situations involving family violence, substance abuse, risk of flight with a child, or anything else that endangers the child's safety or seriously harms the child's emotional development. [IN-P2] A pattern of domestic or family violence by either parent is also a factor in custody decisions. [IN-P5] If you are afraid to establish paternity because of domestic violence, the state advises contacting the prosecutor's office or law enforcement. [IN-P8]

Free, official places to start

Indiana Parenting Time Guidelines (Indiana Rules of Court)
The full statewide default schedule by age, with holidays, summer and long-distance sections.
Indiana Supreme Court Self-Service Legal Center: Family Legal Resources
The courts' starting point for free family law forms and help, including the Parenting Time Helpline.
Indiana Legal Help: Notice of Intent to Relocate
Free forms and instructions for telling the court and the other parent about a move.

LOCAL SPOTLIGHT · INDIANAPOLIS

Marion County

Marion Superior Court and Marion Circuit Court (family law)

Marion County's local family rules add a few steps on top of state law. [IN-P10] Both parents in a divorce with children or a paternity case must finish a court-approved parent education class within 30 days of filing, unless the court waives it. [IN-P10] When an order says "reasonable parenting time", Marion County treats that as the Indiana Parenting Time Guidelines, including the commentary, in effect when the order was made. [IN-P10] Contested issues needing two hours or more of court time, and post-decree child-related disputes other than contempt, must go to mediation first, and contested custody cases can be sent to the court's Domestic Relations Counseling Bureau for an investigation and report. [IN-P10]

Marion County Local Court Rules, currently in effect (PDF)
The county's rules; see the Family Law Rules (LR49-FR00-502, -503, -508 and -510) for mediation, parent education, custody evaluations and parenting time.
Indiana Judicial Branch: Marion County courts
Links to the current and proposed local rules, case search and e-filing for Marion County.
Marion Superior Court Legal Resource Center
A courthouse help desk with court navigators who give legal information and court-approved forms to people without lawyers.

Other counties in Indiana can have different local rules and forms. Check the court where your case is filed.

THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES

Statewide guidelines

Research overview

Indiana Supreme Court Parenting Time Guidelines are presumptive statewide minimum standards when parents cannot agree, subject to safety exclusions and case-specific orders; not an equal-time presumption. [IN1,IN2]

Legal force and applicability

Presumptive court guidelines subject to applicability, safety and deviation rules. Commentary is not an enforceable rule.

Authority and geographic scope

Applicable to child-custody situations including paternity and joint legal custody with one primary physical custodian. A reduction below guideline minimum requires written reasons; more time does not. Commentary is expressly non-enforceable guidance, an important distinction for the Section III long-distance examples. [IN2,IN4]

Custody and parenting-time presumptions

Presumption of guideline applicability; below-minimum departures need a written explanation. Guidelines are not a ceiling and should not displace considering the best plan for the particular child. [IN2]

Schedule & conditions

Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.

Regular school-year schedule

Age 3+: alternating weekends Friday 6 p.m.–Sunday 6 p.m.; one weekly evening, preferably midweek, up to 4 hours with return no later than 9 p.m.; scheduled holidays. Times may be adapted to parents’ schedules. A nearby midweek overnight is an option described in commentary, with the noncustodial parent responsible for next-morning care/transport. [IN3 §II.D.1]

Holidays and school breaks

Holiday time overrides extended time, which overrides regular time. Regular alternate weekends continue without resetting: a holiday may produce three consecutive weekends. Mother’s/Father’s Day are with that parent Friday 6 p.m.–Sunday 6 p.m. Noncustodial parent in even years: school-observed MLK and Presidents’ Day weekends, Memorial Day and Labor Day (Friday 6 p.m.–Monday 6 p.m.), Thanksgiving (Wednesday 6 p.m.–Sunday 6 p.m.). Noncustodial parent in odd years: spring and fall breaks (6 p.m. release day–6 p.m. day before return), Easter (Friday 6 p.m.–Sunday 6 p.m.), July 4 (July 3 6 p.m.–July 5 6 p.m.), Halloween (6–9 p.m. or community trick-or-treat time). Custodial parent gets the converse years. Christmas vacation is split equally: custodial first half even years, noncustodial first half odd years; the parent without Christmas Day has noon–9 p.m. that day. No exchanges 9 p.m.–8 a.m. absent agreement. New Year’s is part of Christmas vacation, not a separate holiday. Child birthdays: noncustodial actual day even years/day before odd years, custodial converse; all children attend, 9 a.m.–9 p.m. or 5–8 p.m. school days. Parent birthdays use the same hours. Special days/holidays/Christmas override birthday time. Under-3 duration limits apply. [IN3 §II.F]

Summer and vacation time

Age 3–4: up to four nonconsecutive weeks annually, Sunday 6 p.m.–Sunday 6 p.m., at least 60 days’ notice. Age 5+: half the summer school vacation, consecutive or two segments, selected by noncustodial parent by April 1; if untimely custodial parent selects and notifies the other parent. Notices must be both written and verbal; a timely selection may not be rejected. Employer-imposed vacation restrictions must be considered. Summer runs day after release through day before return. During blocks longer than two weeks, the other parent receives regular alternate-weekend and midweek time unless impracticable because of out-of-town vacation. Holiday allocation prevails. Balanced/year-round calendars: split fall and spring breaks; absent agreement noncustodial first half odd years/second half even years, first half begins two hours after release, final end 6 p.m. day before school; summer still equal and winter follows holiday rule. [IN3 §II.D]

Age and development

Section II.B requires overnights unless the custodial parent demonstrates that the noncustodial parent has not had regular-care responsibilities. If the noncustodial parent has not previously exercised those responsibilities, parenting time does not include overnights before the third birthday except as allowed by Section II.C. Birth–4 months: three nonconsecutive 2-hour days/week, 2-hour holidays. 5–9 months: three nonconsecutive 3-hour days/week, 3-hour holidays; return one hour before bedtime. 10–12 months: three nonconsecutive days/week, one nonwork day 8 hours and two 3-hour days; 8-hour holidays. 13–18 months: one nonwork day 10 hours and two 3-hour days; 8-hour holidays. For each birth–18 month bracket, the regular-care overnight entitlement remains subject to the age-band limit of no more than one 24-hour period/week. 19–36 months: alternate Saturdays and Sundays 10 hours each, one preferably midweek 3-hour day, 10-hour holidays, generally return one hour before bedtime unless overnights appropriate. A parent lacking initial regular-care history may reach the age-3 regular schedule after at least nine continuous months exercising the prescribed time, subject to adequate bonding (earliest practically 28 months). The 5–18-month daytime and holiday periods require return at least one hour before evening bedtime; the specified 19–36-month bedtime/overnight terms also apply. Age, prior care, existing overnights and individual developmental needs must be evaluated; teenagers continue §II.D rather than automatically opting out. [IN3 §§II.B–E]

Distance, travel, and relocation

No fixed mileage cutoff. Section III is fact-sensitive. Its commentary gives possible long-distance arrangements: under 3, up to two 5-hour periods weekly in custodial parent’s community (Saturday/Sunday may be on alternate weekends only); ages 3–4, up to six one-week segments/year separated by at least six weeks, each no more than eight days including travel; age 5+ on traditional calendar, seven summer weeks, seven winter days and entire spring break with both weekends where applicable, arranged so custodial parent has celebrated religious holidays in alternate years. Balanced calendars should preserve at least the same total time. April 1 selection notice; liberal time when parent/child is in the other’s area. The sample schedule is COMMENTARY, not a standalone enforceable mileage-based entitlement. [IN2,IN4]

Safety & exceptions

Not applicable to family violence, substance abuse, child-flight risk or other circumstances reasonably believed to endanger physical health/safety or significantly impair emotional development. Actual case orders and protective conditions control. Shared parenting under Section IV is an alternative individualized plan, not a 50/50 default. [IN2,IN5]