If you are going through a custody dispute in Martinsville, Morgan County, or any surrounding Indiana community, the attorneys at AJM Legal, LLC are here to help. We work to protect your parental rights while keeping your child’s best interests at the center of everything we do.

How Is Child Custody Determined in Indiana?

Indiana courts use the “best interests of the child” standard when deciding custody. Under Indiana Code § 31-17-2-8, judges are required to consider a range of factors, including:

• Age and sex of the child
• The wishes of each parent
• The child’s wishes — judges give more weight to older children, but any child’s perspective may be considered
• The quality of the child’s relationship with each parent, siblings, and other significant people in their life
• How well the child is adjusting at home, school, and in the community

No single factor decides the outcome. An experienced Morgan County family law attorney can help you understand which factors are most relevant to your situation and how to present your case effectively.

Is Indiana a Mother State for Child Custody?

No. Indiana law does not favor mothers over fathers, or fathers over mothers. Custody is decided based solely on what is in the best interests of the child — not the gender of either parent.

That said, if one parent has historically been the primary caregiver, courts may weigh that history when evaluating what arrangement would be most stable for the child. This is not a preference for the mother or the father — it is a reflection of the child’s established routine. Both parents have an equal legal right to seek custody in Indiana, and the outcome depends on the specific facts of each family’s situation.

What Types of Custody Are Available in Indiana?

Physical Custody

Physical custody determines where the child lives. One parent may receive sole physical custody, meaning the child lives primarily with them while the other parent receives scheduled parenting time. Courts may also award joint physical custody, where the child spends substantial time in both homes. Joint physical custody is most common when both parents are able to provide a stable environment and can coordinate around the child’s school schedule and daily routine.

Legal Custody

Legal custody covers the right to make major decisions about the child’s upbringing — education, medical care, religion, and other significant choices. Courts frequently award joint legal custody so both parents share in those decisions, even when the child lives primarily with one parent.

What About Full Custody in Indiana?

“Full custody” typically refers to one parent having both sole physical and sole legal custody. Indiana courts will grant sole custody when the evidence shows it is clearly in the child’s best interests — for example, if the other parent has a history of abuse, neglect, or instability. If you believe sole custody is warranted in your situation, an attorney can help you understand what evidence courts look for and what the process involves.

What Is 50/50 Custody in Indiana?

A 50/50 parenting schedule splits the child’s time equally between both parents. Indiana courts can and do order equal parenting time when it serves the child’s best interests and both parents can cooperate. There is no automatic presumption in favor of 50/50, but it is a common outcome when both parents are actively involved, live reasonably close to one another, and can communicate effectively about the child’s needs.

At What Age Can a Child Choose Which Parent to Live With in Indiana?

Children in Indiana do not have the legal right to choose which parent they live with, regardless of age. However, a child’s preference is one of the factors the court may consider under Indiana’s best interests standard. Judges generally give more weight to the preferences of teenagers — particularly those 14 and older — but even younger children’s views can be considered depending on the circumstances.

If your child has expressed a preference, your attorney can advise you on how to present that preference to the court appropriately.

Can I Change an Existing Custody Order in Indiana?

Custody orders are not permanent. If circumstances have changed significantly since the original order was entered — such as a parent relocating, a change in work schedule, or concerns about the child’s safety — either parent can request a modification. Courts will evaluate the proposed change under the same best interests standard.

If both parents agree on the modification, the process is typically straightforward. If only one parent is seeking a change, the process will likely involve a hearing. Parenting time schedules are governed by the Indiana Parenting Time Guidelines, which courts use as a baseline when evaluating both initial orders and modifications. An attorney can help you assess whether your situation meets the threshold for a modification and guide you through the steps.

Custody modifications are closely related to child support obligations, which may also need to be reviewed when parenting time changes significantly.

Contact a Morgan County Child Custody Attorney

Custody disputes are rarely easy, but you do not have to navigate them alone. The attorneys at AJM Legal, LLC have experience representing parents in Morgan County Circuit Court and Superior Courts. We offer consultations to help you understand your options and what to expect from the process.

Contact AJM Legal, LLC today to speak with a child custody attorney in Morgan County.