In Indiana, child custody is determined by the court based on the best interests of the child, as outlined in Indiana Code § 31-17-2-8. This statute provides a comprehensive framework for the court to evaluate various factors, ensuring that the child's welfare is the primary consideration.
Indiana courts typically consider the following factors when making child custody determinations:
 Child's Age and Sex. The court considers the age and sex of the child to ensure their specific needs are met. Younger children may have different needs compared to older children, and the court takes this into account.
 Wishes of the Child's Parents. Both parents have the opportunity to express their preferences regarding custody. The court considers these wishes but ultimately decides based on the child's best interests.
 Child's Relationships. The court examines the child's relationships with each parent, siblings, and other significant individuals. This includes the emotional bonds and stability provided by these relationships.
 Child's Adjustment. The child's adjustment to their home, school, and community is a critical factor. The court looks at how well the child is thriving in their current environment and how a change might impact them.
 Mental and Physical Health. The mental and physical health of all parties involved, including the child and parents, is considered. Any issues that might affect the ability to provide proper care are taken into account.
 Evidence of Domestic Violence. If there is any history of domestic violence, the court will weigh this heavily. Protecting the child from potential harm is a priority.
 Substance Abuse. Any issues with substance abuse by either parent are critical factors. The court aims to ensure the child's environment is safe and stable.
 Child's Wishes. If the child is of sufficient age and maturity, the court may consider their wishes regarding custody. This is often done through interviews or evaluations by a guardian ad litem.