Sec. 2. The court shall determine custody in accordance with the best interests of the child. In determining the child's best interests, there is not a 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 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 parents;
(B) the child's siblings; and
(C) any other person who may significantly affect the child's best interest.
(5) The child's adjustment to home, school, and community.
(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 2.5(b) of this chapter.
[Pre-1997 Recodification Citation: 31-6-6.1-11(a) part.]
As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.2; P.L.133-2002, SEC.24.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 14. Family Law: Establishment of Paternity
Chapter 13. Custody Following Determination of Paternity
31-14-13-1. Sole Legal Custody in Biological Mother; Exceptions
31-14-13-2. Factors of Custody Determination
31-14-13-2.3. Joint Legal Custody; Finding Required for Award; Factors Considered in Making Award
31-14-13-2.5. Consideration of De Facto Custodian Factors
31-14-13-3. Interview of Child in Chambers
31-14-13-4. Authority of Custodial Parent to Determine Child's Upbringing
31-14-13-5. Supervision of Placement
31-14-13-6. Modification of Child Custody Order
31-14-13-6.1. Delegation of Parenting Time During Deployment; Automatically Terminates Upon Return
31-14-13-6.2. Military Duties, Expedited Hearing; Allow Evidence by Electronic Means
31-14-13-6.3. Parent's Active Duty Service Not a Factor; Temporary Modification of Custody
31-14-13-6.5. Security, Bond, or Guarantee
31-14-13-6.7. Security, Bond, or Guarantee; Determinations
31-14-13-7. Determination; Factors Considered
31-14-13-9. Custody Modification Proceeding; Admissible Evidence
31-14-13-10.2. Notice Requirements for Persons Seeking Rights With a Child
31-14-13-10.5. Mandatory Compliance for Nonrelocating and Relocating Individuals
31-14-13-11. Notice of Passport Application for Child
31-14-13-12. Submissions to the Court; Court Requests for Information