Indiana Family Court and Domestic Violence

An overview of how Indiana family courts may consider domestic violence in custody and parenting decisions.

Domestic Violence in Indiana Family Court

When families face separation or divorce in Indiana, family courts make important decisions about custody, parenting time, and child support. These decisions aim to serve the best interests of the child, balancing the rights and responsibilities of each parent. In cases where domestic violence is involved, the court carefully considers this history to ensure child and survivor safety.

Court Decisions on Custody, Parenting Time, and Support

Indiana family courts determine custody arrangements by deciding which parent will have legal and physical responsibility for the child. Parenting time refers to the schedule for when each parent spends time with the child. Courts also set child support, financial payments to help cover the child’s everyday needs.

These decisions depend heavily on what is best for the child’s well-being, rather than the desires or behaviors of the parents alone.

Addressing a History of Domestic Violence

Domestic violence history can be raised during custody and parenting time cases as a critical factor. Survivors or their attorneys may present evidence such as protection orders, police reports, or court records showing past abuse or threats. This information helps the court assess potential risks to the child or the survivor.

Child-Focused Best-Interest Factors

Indiana law emphasizes the child’s safety and well-being above all. Courts consider accessible and practical factors such as:

• Each parent’s willingness to support the child’s relationship with the other parent
• The child’s adjustment to home, school, and community
• The child’s physical, emotional, and mental needs
• The presence of any history of abuse or family violence
• The child’s preference when age-appropriate

These factors guide courts in crafting a custody and parenting time plan that promotes stability and security.

Protection Orders and Criminal Records as Evidence

Courts often consider protection or restraining orders issued to survivors and any related criminal records as part of the evidence. This helps the court understand the seriousness of past violence and the ongoing safety needs of the child and survivor. An active protection order or recent criminal convictions related to domestic abuse may influence custody and visitation arrangements.

Safety-Driven Outcomes in Custody Cases

To protect vulnerable family members, courts can impose conditions such as:

• Supervised parenting time where visits occur under the watch of a neutral third party
• Restrictions on overnight stays or unsupervised visits
• Requirements for counseling or domestic violence intervention programs

These precautions aim to maintain the child’s relationship with both parents when possible, while minimizing risk and enhancing safety.

The Importance of Legal Advice for Survivors

Family law involving domestic violence is complex and emotionally charged. Survivors in Indiana should seek advice from qualified family law attorneys who understand the nuances of custody law and safety considerations. Experienced lawyers can provide guidance to protect survivors’ and children’s rights, help gather necessary evidence, and advocate for safe, appropriate arrangements.

For additional support, survivors may find valuable resources at DV Support, a trusted network dedicated to assistance and information.