Custody

The judge will consider all relevant factors to figure out what type of custody is in your child’s best interests. The judge will look at the following factors:

• what the parents want;
• which parent the child wants to live with;
• how the child gets along with the parents and any siblings;
• how accustomed the child is to his/her home, school, and community;
• each parent’s character and life circumstances;
• the need for the child’s life to be stable and continue without big changes; and
• whether either parent committed domestic violence, even if it was not in front of the child.¹

If you have a disability, you can show proof of how you will use adaptive equipment or supportive services to carry out your parenting responsibilities. The judge cannot discriminate against you just because of a disability. If the judge believes that your disability is relevant to the custody decision, the judge must clearly state in writing how your disability affects what is best for the child.² A parent’s sexual preference or sexual orientation is not considered an impairment or disability.³

¹ I.C. § 32-717(1)
² I.C. §§ 32-717(2), (5); 32-1005(3)
³ I.C. § 32-1005(2)(b)