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Ind. Code § 31-14-13-2

Factors of custody determination

Applied in 20 court decisions — leading case Paternity of K.I. ex rel. J.I. v. J.H. (2009)

Most recently applied in In the Matter of the Paternity of Kevin Yafet Mendoza Bonilla, aka Kevin Yafeth Mendoza Bonilla, a Minor, By his Next Friend, Perla Maily Bonilla Acosta v. Marco Tulio Mendoza Maldonado (June 2019)

As added by P.L.1-1997, SEC.6

How often courts cite this section

20002010201940
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 2. The court shall determine custody in accordance with the best interests of the child. In determining the child's best interests, there is not a presumption favoring either parent. The court shall consider all relevant factors, including the following:

(1) The age and sex of the child.

(2) The wishes of the child's parents.

(3) 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.

(4) The interaction and interrelationship of the child with:

(A) the child's parents;

(B) the child's siblings; and

(C) any other person who may significantly affect the child's best interest.

(5) The child's adjustment to home, school, and community.

(6) The mental and physical health of all individuals involved.

(7) Evidence of a pattern of domestic or family violence by either parent.

(8) 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 2.5(b) of this chapter.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.