How to File for Child Custody in Indiana: Petitions, Forms, and Service

To file for child custody in Indiana, you submit a petition in the county where your child lives, pay a $157 base filing fee through the state’s electronic filing system, and formally serve the other parent with the paperwork. Which petition you file depends on whether you are married to the other parent, and unmarried fathers must establish paternity before a court will address custody at all. The steps below cover the full sequence from picking the right court to what happens after your petition is on file.

Where You File

Indiana follows the Uniform Child Custody Jurisdiction and Enforcement Act, so the state with authority over your case is your child’s “home state,” meaning the state where the child has lived for at least six consecutive months before filing. For a child younger than six months, the home state is where the child has lived since birth. This rule keeps parents from filing in whichever state seems more favorable.

Within Indiana, the correct county depends on the type of case. For a divorce, at least one spouse must have lived in Indiana for six months and in the specific county for at least three months before filing.1Indiana.gov. How to File for Divorce in Indiana For a paternity or standalone custody case, you generally file in the county where the child lives. If you are unsure, call the clerk of court before filing. A case filed in the wrong county can be transferred or dismissed.

Which Petition Matches Your Situation

The relationship between the parents dictates the type of petition.

  • Married parents: custody is decided inside the divorce case. You file a Petition for Dissolution of Marriage, which covers custody, parenting time, child support, and property in one proceeding.
  • Unmarried parents: you file a Petition to Establish Paternity, Custody, and Parenting Time. Under Indiana law, the biological mother has sole legal custody until a court issues an order establishing paternity and awarding custody rights. An unmarried father has no enforceable custody or parenting time rights until that order exists, even if his name is on the birth certificate.
  • Non-parents: a grandparent or other third party may file for third-party custody or guardianship in limited circumstances, such as when both parents are unfit or the child has lived in the third party’s care for an extended period.

You also need to decide what you are asking for. Indiana recognizes legal custody, which is the right to make major decisions about education, healthcare, and religious upbringing, and physical custody, which is where the child lives day to day. Either can be sole or joint. Indiana law does not presume joint legal custody is best, but the court treats parents’ agreement to share it as an important factor, along with each parent’s fitness, ability to cooperate, the child’s relationship with each parent, and whether the parents live close enough for shared decision-making to work.2Indiana General Assembly. Indiana Code 31-17-2-15 – Joint Legal Custody; Matters

Paternity: The Prerequisite for Unmarried Fathers

If you are an unmarried father, establishing legal paternity is the gateway to any custody or parenting time rights. Indiana recognizes two methods.

The first is a paternity affidavit, a sworn document both parents can sign at the hospital within 72 hours of the child’s birth or at a local health department anytime before the child turns 18. A properly executed affidavit establishes legal fatherhood and adds the father’s name to the birth certificate without a court hearing.3Indiana.gov. DCS: Child Support: Paternity

The second is a court order. Either parent can file a paternity action, and the county child support office can file one as well. At the hearing, the parents can agree to paternity voluntarily, or either side can request genetic testing. A home DNA kit will not work; the court requires testing by an accredited lab following chain-of-custody procedures so the results hold up legally.3Indiana.gov. DCS: Child Support: Paternity

Even after paternity is established, custody and parenting time are not automatic. The court still has to issue a separate order addressing those questions.

Information and Forms to Gather

Before you start filling anything out, pull together full legal names, current addresses, dates of birth, and Social Security numbers for both parents and the child. You also need financial information for both parents: income from all sources, work-related childcare costs, and the cost of health insurance covering the children. That information feeds the Child Support Obligation Worksheet, a mandatory form in every Indiana case that establishes or modifies child support.4Indiana Judicial Branch. Child Support Obligation Worksheet

The core documents you prepare are:

  • The Petition itself, either a Petition for Dissolution or a Petition to Establish Paternity.
  • The Summons, the official notice telling the other parent a case has been filed and they must respond.
  • An Appearance form, which registers your name and contact information so you receive all notices.
  • The Child Support Obligation Worksheet, which both parents are expected to complete, sign, and file.4Indiana Judicial Branch. Child Support Obligation Worksheet

Several of these documents require a notarized signature. Do not sign in advance. The notary has to witness the actual signing.

Filing and Fees

Indiana courts use the Indiana E-Filing System, and most filings go through a state-approved electronic service provider. If you are representing yourself and cannot navigate the system, contact the clerk of court. Some counties still accept paper filings from self-represented litigants under local rules.

The base filing fee for a civil case in Indiana, which covers dissolution, paternity, and custody matters, is $157. Adding sheriff service brings the total to $185. Counties with an approved alternative dispute resolution plan collect an extra $20 fee on paternity and dissolution cases.5Indiana.gov. 2025 Court Costs and Fees by Case Type Your upfront cost will typically land between $157 and $205 depending on county, case type, and service method.

If you cannot afford the fee, Indiana law lets courts waive it for people who meet income requirements. The Indiana Legal Help website provides a family law fee waiver form you submit along with your petition.

Serving the Other Parent

After your petition is filed, the other parent must be formally notified through service of process. No custody case moves forward until this step is complete, and you cannot hand the papers to the other parent yourself. Indiana’s Trial Rules allow several methods:

The other parent can voluntarily sign a Waiver of Service, acknowledging they received the documents without formal delivery. That is the cheapest and simplest route when the other parent is cooperative.

If diligent efforts to locate the other parent fail, Indiana allows service by publication. You file an affidavit describing your search efforts, and the court authorizes publication of the summons in a local newspaper three times over several weeks. The other parent then has 30 days after the last publication to respond.7Indiana Courts. Indiana Rules of Trial Procedure Rule 4.13 – Summons: Service by Publication Courts scrutinize whether you genuinely tried other methods first.

What Happens After You File

Once the other parent is served, they have 20 days to file an Appearance and a Response to your petition.8Indiana Courts. Indiana Rules of Trial Procedure Rule 6 – Time The Response addresses your claims, and the other parent can also file a counter-petition asking for a different arrangement. If they fail to respond, you can ask the court for a default judgment, though judges are especially cautious about granting defaults in cases involving children.

Temporary Orders

Final custody hearings can take months to schedule, so one of the most urgent early steps is getting temporary orders in place. These provisional orders govern custody, parenting time, and child support while the case is pending. If both parents agree, they can submit a proposed order for the judge to approve. If they cannot agree, either parent can file a motion for a provisional hearing, where the judge hears brief arguments and issues a temporary ruling.

Temporary orders are not supposed to control the final outcome, but the arrangement in place when the judge sees the case working often shapes the final decision. Treating the provisional stage as unimportant is a common mistake.

Case Management and Mediation

The court will schedule an initial hearing or case management conference to set the timeline and identify disputed issues. Indiana does not have a statewide mediation requirement, but many counties require it through local rules. If mediation is ordered, both parents and their attorneys must attend unless the court excuses someone. A mediator screening for domestic violence concerns can terminate the mediation if it becomes inappropriate.

Some counties also require a co-parenting education class under local court rules. Costs generally range from $25 to $75, and skipping one the judge ordered can result in sanctions.

How the Judge Decides Custody

Indiana law states plainly that there is no presumption favoring either parent. Custody is decided on the best interests of the child, and the statute lists the specific factors a judge must consider:9Indiana General Assembly. Indiana Code 31-17-2-8 – Custody Order

  • The child’s age and sex.
  • Each parent’s wishes regarding custody.
  • The child’s wishes, with significantly more weight when the child is at least 14.
  • The child’s relationships with parents, siblings, and other important people in the child’s life.
  • The child’s adjustment to home, school, and community.
  • The mental and physical health of everyone involved.
  • Evidence of domestic violence by either parent.
  • De facto custodian status, meaning whether someone other than a parent has been the child’s primary caregiver.
  • Power of attorney designations made by a parent regarding the child’s care.

These are not a checklist where each factor counts equally. Judges weigh them based on the specific facts. The strongest contested cases are built around concrete evidence tied to these factors rather than general complaints about the other parent. The court can also appoint a guardian ad litem or a court-appointed special advocate at any time to independently investigate and report on the child’s best interests.10Indiana General Assembly. Indiana Code 31-17-6-1 – Appointment

Parenting Time Baseline

When one parent is named the primary physical custodian, the other receives a parenting time schedule. Indiana publishes official Parenting Time Guidelines that set the minimum recommended schedule. Courts can deviate, but the guidelines are the baseline most judges start from.11Indiana Courts. Section II – Specific Parenting Time Provisions

For children age three and older, the standard minimum includes alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m., one midweek evening per week, alternating holidays on a rotating schedule, half of winter break, and half of summer vacation for children age five and older.11Indiana Courts. Section II – Specific Parenting Time Provisions Parents who cooperate well can build any schedule they want, and the court will approve it as long as it serves the child’s interests.

If Either Parent Is Active-Duty Military

Federal law adds protections that override conflicting state rules when a parent is on active duty. Under the Servicemembers Civil Relief Act, a deployed parent who receives notice of a custody action can request a stay of the proceedings. If the request meets statutory requirements, the court must grant a stay of at least 90 days. The request must include a statement explaining why the servicemember cannot appear and a letter from the commanding officer confirming that military duty prevents attendance and leave is not authorized.

Federal law also prohibits courts from using a parent’s deployment as the sole basis for a permanent custody change. A judge can issue a temporary custody order during deployment, but that order must expire no later than the period justified by the deployment itself.12Office of the Law Revision Counsel. 50 USC 3938 – Child Custody Protection For these purposes, deployment means a movement of longer than 60 days and no more than 540 days under orders that do not allow family members to accompany the servicemember.