Child Custody FAQs for Indiana Parents

When you’re facing a divorce or a parenting plan issue, the process can feel overwhelming—especially when legal terms, court deadlines, and parenting schedules all hit at once. Most parents just want what’s best for their kids, but aren’t sure how to protect that in court.

 

At Todd Uzelac Law, we guide Indiana parents through these decisions with clarity and care. This FAQ breaks down the most common questions we hear about parenting plans, parenting time, and support, using plain language and focusing on what truly matters: your child’s best interests.

What Is a Parenting Plan in Indiana?

In Indiana, a parenting plan typically covers two key areas:

  • Legal decision-making refers to the right to make major decisions about your child’s life, including education, healthcare, and religion.

  • Physical parenting schedule refers to where your child lives most of the time and how time is shared between parents.

Parenting arrangements can be structured in different ways:

  • Sole decision-making or primary placement means one parent has most of the responsibility for major decisions and/or the child lives primarily with that parent.

  • Shared decision-making or shared placement means both parents share responsibilities—either for decision-making, parenting time, or both.

There is no automatic preference for mothers over fathers in Indiana. Parenting plan decisions are made according to one legal standard: the best interests of the child (Indiana Code § 31-17-2-8). Each case is evaluated individually, without presumption in favor of either parent.

How Do Courts Decide Parenting Plans and Parenting Time?

When deciding parenting plans and parenting time, Indiana courts consider several factors to determine what serves the child’s best interests, including:

  • The child’s age, needs, and emotional well-being

  • The child’s relationship with each parent, siblings, and others involved

  • How well the child is adjusting to home, school, and community

  • The mental and physical health of both parents

  • Any history of domestic violence or substance abuse

  • The child’s own wishes, especially if they are age 14 or older

The Indiana Parenting Time Guidelines provide a standard framework for parenting schedules, including weekdays, weekends, holidays, and school breaks. However, courts can approve custom parenting plans when parents agree—or when a child’s needs require a different approach. You can view the official guidelines here.

How Does Child Support Work in Indiana?

Child support is calculated in accordance with the Indiana Child Support Rules and Guidelines. The formula considers:

  • Both parents’ gross incomes

  • The number of overnight stays each parent has

  • Costs for child care

  • Health insurance premiums and out-of-pocket medical expenses

Child support is designed to meet the child’s everyday needs, not to benefit either parent. Both parents share financial responsibility, and it’s important to know that informal agreements to reduce or skip payments are not legally binding. Any changes must be approved by the court through a formal modification process.

Can Parenting Plans or Support Orders Be Changed Later?

Yes. Parenting plans, parenting time, and child support orders can be modified if there’s been a substantial change in circumstances and a change would serve the child’s best interests. Examples include:

  • A parent moving out of town or state

  • A significant change in work or parenting schedules

  • New concerns about the child’s safety or well-being

If there are credible concerns about abuse, neglect, or substance use, Indiana courts can order supervised parenting time or temporarily restrict it. At the same time, judges take false allegations very seriously—so it’s important to be truthful and provide supporting evidence.

Do Unmarried Parents Face Different Parenting Plan Challenges?

They can, especially if paternity has not been legally established.

Before a court can enter parenting plan orders, parenting time orders, or child support orders, paternity must be confirmed—either voluntarily (through a paternity affidavit) or by court-ordered genetic testing.

Once paternity is established, Indiana applies the same legal standards to both parents, regardless of marital status, including the best-interests test in all parenting plan decisions.

Talk With an Indiana Family Law Attorney

Online information is a great starting point, but no article can replace personalized legal guidance. Every family’s situation is different, and Indiana law continues to evolve.

 

At Uzelac Law, we help parents understand their rights, protect their children, and build parenting plans that reflect real life. Whether you're facing a parenting plan case, working out parenting time, or dealing with child support, we’re here to help you move forward with clarity and confidence.

 

Ready to talk? Feel free to reach out anytime at (219) 682-0056, or by emailing Nichole at nmckay@uzelaclaw.com.  We are here to help!