Best Interests of the Child Indiana: The 9 Factors Courts Use

When Indiana parents can't agree on custody, the court decides using a single standard: what arrangement serves the best interests of the child. Under Indiana Code § 31-17-2-8, judges must evaluate nine specific statutory factors. No single factor automatically wins — the court weighs the totality of the evidence.

Understanding these factors isn't just useful for contested hearings. They're the framework for every custody negotiation, mediation session, and parenting plan in Indiana.

Factor 1: Age and Sex of the Child

The child's developmental stage determines what kinds of schedules are appropriate. Infants and toddlers need shorter, more frequent contact with both parents. Teenagers can handle longer separations and benefit from fewer transitions during the school week.

Indiana has abandoned any presumption based on the child's sex — there's no legal preference for mothers of daughters or fathers of sons.

Factor 2: Wishes of the Parents

The court considers each parent's proposed parenting plan, their expressed willingness to care for the child, and their desired custody arrangement. A parent who presents a detailed, realistic plan signals to the court that they've thoughtfully considered the child's needs.

Factor 3: Wishes of the Child

Indiana gives the child's preference significantly more weight once they reach age 14. At that point, a teenager's clearly expressed preference for one parent becomes a strong — though not dispositive — factor.

For younger children, the court may consider their preferences but assigns less weight. Judges are trained to distinguish between a child's genuine preference and a child who has been coached or manipulated by a parent.

Factor 4: Relationships and Interrelationships

The court examines the child's bond with each parent, siblings, and other individuals who significantly affect the child's life. This includes grandparents, stepparents, half-siblings, and close family friends who play a regular caregiving role.

Courts look for which parent has the stronger day-to-day emotional bond and which parent the child turns to for comfort, guidance, and support.

Factor 5: Adjustment to Home, School, and Community

Stability matters. A child who is thriving in their current school, has an established friend group, participates in extracurricular activities, and feels settled in their neighborhood benefits from continuity. Courts are reluctant to disrupt a well-adjusted child's routine without a compelling reason.

This factor often favors the parent who stays in the family home or in the same school district after separation.

Factor 6: Health of All Individuals

The physical and mental health of the child and both parents is evaluated. This doesn't mean a parent with a managed health condition loses custody — it means the court considers how health conditions practically affect caregiving capacity.

Active, untreated conditions that impair parenting (severe depression, psychosis, physical disability that prevents basic childcare) carry more weight than managed conditions that don't affect daily functioning.

Factor 7: Domestic or Family Violence

Evidence of a pattern of domestic or family violence is a primary safety check and one of the most heavily weighted factors. Courts look for documented patterns — police reports, protective orders, hospital records, witness statements — not just allegations.

A single incident of violence may be less determinative than a sustained pattern, but any credible evidence of violence directed at the child triggers heightened scrutiny.

Factor 8: De Facto Custodian Care

If the child has been primarily cared for by a de facto custodian (someone other than a parent who has been the primary caregiver for six months if the child is under three, or one year if older), the court must evaluate additional factors specific to that relationship.

This factor primarily applies when grandparents, relatives, or other caregivers have been raising the child and a parent now seeks to regain custody.

Factor 9: Power of Attorney Designation

The court considers any formal power of attorney designation of a parent or de facto custodian. This factor is relevant when a parent has previously designated someone else to make decisions for the child, which may indicate their own assessment of caregiving capacity.

Using the Factors in Your Case

The nine best-interest factors aren't just for trial — they should guide your mediation position, your parenting plan design, and your documentation throughout the case.

The Indiana Child Custody & Parenting Plan Guide includes a best-interest assessment worksheet that maps your specific family circumstances to each of the nine statutory factors, helping you build a compelling case whether you're headed to mediation or court.

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