Indiana Parenting Plan
An Indiana parenting plan sets out legal custody, physical custody, and a parenting-time schedule that meets or exceeds the Indiana Parenting Time Guidelines, approved under the best interests standard. Attorney review available.
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Introduction
A parenting plan is the written document Indiana parents use to set out legal custody, physical custody, and a parenting-time schedule for a child, whether they are divorcing, were never married, or are changing an existing order. In Indiana custody has two parts. Legal custody is the authority to make major decisions for the child, and physical custody is where the child lives; a court may award either jointly or solely. Indiana courts determine custody by the best interests of the child, with no presumption favoring either parent, weighing factors that include the age and sex of the child, the wishes of the parents, the wishes of the child (with more weight if the child is at least 14), the child's relationships and adjustment to home, school, and community, and the mental and physical health of those involved (Indiana Code Section 31-17-2-8). Joint legal custody means the parents share authority and responsibility for major decisions about the child's education, health care, and religious training (Indiana Code Section 31-9-2-67), and a court awards it only if it is in the child's best interest, treating the parents' agreement to joint custody as a matter of primary but not determinative importance (Indiana Code Sections 31-17-2-13 and 31-17-2-15). For the schedule, the Indiana Parenting Time Guidelines, adopted by the Indiana Supreme Court, are presumed to be the minimum time each parent should have with the child. DocDraft builds your Indiana parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
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A parenting plan is a written document that sets out legal custody, physical custody, and a parenting-time schedule for a child, used by Indiana parents who are divorcing, were never married, or are modifying an existing order.
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Indiana awards legal custody, the authority to make major decisions, and physical custody, where the child lives, and a court may award either jointly or solely (Indiana Code Sections 31-17-2-8 and 31-17-2-13).
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Indiana courts decide custody by the best interests of the child, with no presumption favoring either parent (Indiana Code Section 31-17-2-8).
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Joint legal custody in Indiana means the parents share authority and responsibility for major decisions about the child's education, health care, and religious training (Indiana Code Section 31-9-2-67).
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An Indiana court awards joint legal custody only if it is in the child's best interest, and it treats the parents' agreement to joint custody as a matter of primary but not determinative importance (Indiana Code Sections 31-17-2-13 and 31-17-2-15).
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The Indiana Parenting Time Guidelines, adopted by the Indiana Supreme Court, are presumed to be the minimum parenting time a parent should have, covering the regular schedule, holidays, one-half of summer, communication, and transportation.
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An Indiana child's wishes are considered, with more weight given if the child is at least 14 years old (Indiana Code Section 31-17-2-8(3)).
Key decisions before you file
Before you file a Parenting Plan in Indiana, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
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Indiana Requirements for Parenting Plan
Legal and Physical Custody
Indiana awards legal custody, the authority to make major decisions for the child, and physical custody, where the child lives. A court may award either jointly or solely and determines custody in accordance with the best interests of the child (Indiana Code Sections 31-17-2-8 and 31-17-2-13).
Best Interests, No Presumption
Indiana courts decide custody by the best interests of the child, with no presumption favoring either parent, weighing the age and sex of the child, the wishes of the parents and of the child, the child's relationships and adjustment to home, school, and community, and the mental and physical health of those involved (Indiana Code Section 31-17-2-8).
Joint Legal Custody
Joint legal custody in Indiana means the parents share authority and responsibility for major decisions about the child's education, health care, and religious training (Indiana Code Section 31-9-2-67). A court may award joint legal custody only if it finds it is in the child's best interest (Indiana Code Section 31-17-2-13).
Joint Legal Custody Factors
In deciding joint legal custody, an Indiana court treats the parents' agreement to joint custody as a matter of primary but not determinative importance, and also considers each parent's fitness, whether the parents are willing and able to communicate and cooperate, the child's wishes (more weight at 14 or older), and the child's relationship with each parent (Indiana Code Section 31-17-2-15).
Indiana Parenting Time Guidelines
The Indiana Parenting Time Guidelines, adopted by the Indiana Supreme Court, are presumed to be the minimum parenting time a parent should have to maintain frequent, meaningful, and continuing contact with the child. Your Indiana parenting plan should set a schedule that meets or exceeds the Guidelines; parents may agree to more time when it serves the child's best interest.
Parenting-Time Schedule Content
Your plan should describe the parenting-time schedule the Indiana Parenting Time Guidelines cover: the regular schedule of alternating weekends and mid-week time, holidays and special days, one-half of summer, communication, and transportation for exchanges. Setting these out clearly shows the court the schedule the parents propose.
Child's Wishes at Age 14
An Indiana court considers the wishes of the child as one best interest factor and gives more consideration to the child's wishes if the child is at least 14 years of age (Indiana Code Section 31-17-2-8(3)). The child's preference is one factor among several rather than a controlling decision.
Custody Set in the Court's Order
Indiana does not use a single statewide numbered parenting-plan form. Custody is set inside the court's custody order under Indiana Code Section 31-17-2, and the Indiana Parenting Time Guidelines supply the default schedule. The Indiana courts self-service center provides family-law resources, and you can attach your written Indiana parenting plan to your filings.