Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no 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 parent or 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 parent or parents;
(B) the child's sibling; and
(C) any other person who may significantly affect the child's best interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C) 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 8.5(b) of this chapter.
(9) A designation in a power of attorney of:
(A) the child's parent; or
(B) a person found to be a de facto custodian of the child.
[Pre-1997 Recodification Citation: 31-1-11.5-21(a).]
As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.7; P.L.133-2002, SEC.32; P.L.194-2017, SEC.14.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 17. Family Law: Custody and Visitation Rights
Chapter 2. Actions for Child Custody and Modification of Child Custody Orders
31-17-2-2. Application of Indiana Rules of Civil Procedure
31-17-2-3. Commencement of Proceeding
31-17-2-5. Responsive Pleading or Counter Petition
31-17-2-7. Court to Determine Law and Facts
31-17-2-8.1. "Disability"; Custody
31-17-2-8.5. Consideration of De Facto Custodian Factors
31-17-2-9. Court Interview of Child in Chambers
31-17-2-10. Professional Personnel; Court Consultation; Cross-Examination
31-17-2-11. Temporary Custodian
31-17-2-12. Investigation and Report Concerning Custodial Arrangements for Child
31-17-2-13. Joint Legal Custody; Finding Required for Award
31-17-2-14. Joint Legal Custody; Division of Physical Custody
31-17-2-15. Joint Legal Custody; Matters Considered in Making Award
31-17-2-16. Counseling for Child
31-17-2-17. Custodian May Determine Child's Upbringing
31-17-2-18. Continuing Supervision
31-17-2-19. Travel and Other Expenses of Witnesses
31-17-2-20. Confidentiality of Interview, Report, or Investigation
31-17-2-21. Modification of Child Custody Order
31-17-2-21.1. Delegation of Parenting Time During Deployment; Automatically Terminates Upon Return
31-17-2-21.2. Military Duties; Expedited Hearing; Allow Evidence by Electronic Means
31-17-2-21.3. Parent's Active Duty Service Not a Factor; Temporary Modification of Custody
31-17-2-21.5. Security, Bond, or Guarantee
31-17-2-21.7. Security, Bond, or Guarantee; Determinations
31-17-2-21.8. Parenting Time; Drug Testing
31-17-2-24. Notice of Passport Application for Child
31-17-2-25. Petition for Emergency Placement With Person Other Than Noncustodial Parent; Hearing
31-17-2-26. Submissions to the Court; Court Requests for Information