Who is entitled to custody of the child?
In Indiana, there is no presumption favoring either parent and both parents are entitled to custody. The court determines custody in accordance with the best interests of the child. In determining the best interest of the child, the court considers all relevant factors including the age and sex of the child, the wishes of the child’s 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 the child’s parents, siblings, and any other person who may significantly affect the child’s interests, the child’s adjustment to his home, school, and community, the mental and physical health of all individuals involved, any evidence of domestic or family violence, and any evidence that the child may have been cared for by a defacto custodian.
