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How Indiana Courts determine custody: IC 31-17-2-8
Custody Order
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:
- The age and sex of the child.
- The wishes of the child's parent or parents.
- 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.
- 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. - The child's adjustment to the child's:
(A) home;
(B) school; and
(C) community. - The mental and physical health of all individuals involved.
- Evidence of a pattern of domestic or family violence by either parent.
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.
Indiana Statute for Child Support Modification: IC 31-16-8
Chapter 8. Modification of Child Support or Maintenance Orders
IC 31-16-8-1
Sec. 1. Modification or revocation of child support order or maintenance order. |
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1. |
Provisions of an order with respect to child support or an order for maintenance (ordered under IC 31-16-7-1 or IC 31-1-11.5-9 (c) before their repeal) may be modified or revoked. | ||
2. |
Except as provided in section 2 of this chapter, modification may be made only: | ||
(a) |
upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable; or | ||
(b) |
upon a showing that: | ||
(i) |
a party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and | ||
(i) |
the order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed. | ||
(i) |
Modification under this section is subject to IC 31-25-4-17(a)(6). As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.19. |
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Health and Hospitalization Coverage: IC 31-16-8-2
Sec. 2. The court shall consider modifying a support order to include basic health and hospitalization coverage for the child if a Title IV-D agency, authorized under the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-17, petitions for the modification and the coverage is:
- Available to the parent ordered to pay child support or the dependents of the parent as part of the parent's employee benefit plan; or
- Available at reasonable cost to the parent ordered to pay child support. As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006, SEC.232.
