WomensLaw serves and supports all survivors.

Legal Information: Indiana

Custody

Laws current as of July 30, 2024

Can a parent who committed violence get custody or visitation?

A judge will consider any evidence of domestic or family violence by either parent, but it is possible that a parent who has committed violence will get custody or visitation.1

However, if the other parent was convicted of a crime involving domestic or family violence that was witnessed or heard by child, the judge must assume that it is in the child’s best interest to order that parent to only have supervised visitation. The supervised visits would last for one to two years following the crime involving domestic or family violence or until the child becomes emancipated - whichever occurs first. The parent, however, can try to show evidence to the judge to change the judge’s mind and ask that the visits not be supervised. As a condition of granting the noncustodial parent unsupervised parenting time, the judge may require the noncustodial parent to complete a certified batterer’s intervention program.2

It is recommended that you seek legal advice from a lawyer to assist you in a custody case involving domestic violence issues. For information on how to find a lawyer see our Indiana Finding a Lawyer page.

1 Ind. Code § 31-17-2-8(7)
2 Ind. Code § 31-17-2-8.3

If my child was conceived from rape, can the offender's rights be terminated?

If your child was conceived as the result of rape, you can file a petition with the juvenile court or probate court to terminate the parent-child relationship between the child and the offender.1 However, if you were 18 or older when the rape occurred, you have to file the petition for termination within 180 days after the birth of the child. If you were under 18 when the rape occurred, you have to file the petition within two years after you turn 18 (so, before your 20th birthday).2 The judge can grant the petition terminating the offender’s rights if the judge believes that it is in the best interests of the child to do so.3

1 Ind. Code § 31-35-3.5-3
2 Ind. Code § 31-35-3.5-4
3 See Ind. Code §§ 31-35-3.5-5; 31-35-3.5-6

What is a "de facto custodian" and can s/he get custody?

If someone who is not the child’s parent has been acting as the primary caregiver and primary financial supporter of the child for a certain period of time, the judge could decide that this person is a “de facto custodian.” (However, this would not apply if the person is providing care for the child in a foster family home.) When determining the time period that the person would have to be performing the role as primary caregiver and financial supporter, the law only allows the time to be counted if it is before a custody case has been filed. The required time periods and are as follows:

  • for a child who is under age three, the person would have to be caring for the child in this way for a period of six months or more;
  • for a child who is age three or older, the person would have to be caring for the child in this way for a period of one year or more.1

If the judge believes that the non-parent is a “de facto custodian,” the judge will do the following:

  1. add the de facto custodian as a “party” to the custody case;
  2. consider the following additional factors when deciding who should get custody, along with the factors listed in How will a judge make a decision about custody?:
  • the wishes of the child’s de facto custodian;
  • how much the child has been cared for, nurtured, and supported by the de facto custodian;
  • the reason why the child’s parent first placed the child with the de facto custodian;
  • the circumstances under which the child was allowed to remain in the custody of the de facto custodian, including whether the child was placed with the de facto custodian to allow the parent now seeking custody to look for a job, go to work, or attend school.2

The judge might even award custody to the de facto custodian instead of the parents if the judge believes that it is in the child’s best interests to do so.3

1 Ind. Code § 31-9-2-35.5
2 Ind. Code §§ 31-17-2-8(8); 31-17-2-8.5(b), (c)
3 Ind. Code § 31-17-2-8.5(d)