How to File for Custody in Indiana: Step-by-Step Guide + Free Downloadable Child Custody Forms (2025)

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As a former family-law paralegal with over twelve years of experience drafting and filing custody paperwork in Indiana courts, I’ve helped hundreds of parents navigate the process of filing for custody in Indiana without spending thousands on an attorney right away. In this comprehensive guide, I’ll walk you through exactly how to file for custody in Indiana in 2025, explain the current Indiana Parenting Time Guidelines, and give you a completely free, up-to-date packet of Indiana child custody forms that I personally use and update every year.

Important disclaimer: This article and the downloadable templates are for informational purposes only and do not constitute legal advice. Family law is highly fact-specific. Always consult a licensed Indiana attorney or legal aid organization before filing anything with the court.

Click Here to Download Your Free Indiana Child Custody Forms Packet (PDF + Word)

Understanding Child Custody in Indiana: Legal Custody vs. Physical Custody vs. Parenting Time

Indiana no longer uses the term “custody” in most statutes. Instead, the courts focus on:

Most Indiana judges now award joint legal custody unless there is evidence of domestic violence, substance abuse, or significant conflict. Physical custody and parenting time, however, can vary dramatically from 50/50 to supervised visits only.

Source: Indiana Parenting Time Guidelines – Indiana Courts official site

Step-by-Step: How to File for Custody in Indiana (2025 Requirements)

Step 1 – Determine Which Forms You Actually Need

The exact Indiana child custody forms you need depend on your situation:

SituationRequired Forms (2025)
New custody case with divorcePetition for Dissolution + Verified Petition for Custody/Parenting Time
New custody case – never marriedVerified Petition to Establish Custody, Support, and Parenting Time
Emergency/temporary orders neededVerified Motion for Temporary Orders + Indiana temporary custody forms
Want to change existing orderVerified Petition for Modification of Custody or Indiana modification of parenting time form

Step 2 – Complete the Indiana Child Information Affidavit (Mandatory)

Every single custody case in Indiana now requires the Confidential Form CC-1 – Child Information Affidavit under Indiana Rule 9.2. This form is not served on the other party and goes straight to the judge.

Step 3 – File in the Correct County

You must file in the county where the child has lived for the last six months (Indiana Code 31-21-5-1). If you file in the wrong county, your case will be dismissed or transferred.

Step 4 – Pay Filing Fees or Request a Fee Waiver

Average filing fee in 2025: $177–$197 depending on county. If you cannot afford it, file an Application for Waiver of Court Fees (available on courts.in.gov).

Step 5 – Serve the Other Parent

Indiana requires formal service by sheriff or certified mail within 14 days in most counties. Never hand-deliver custody papers yourself.

Free Download: Complete 2025 Indiana Child Custody Forms Packet

Your free packet includes (all forms updated January 2025):

DOWNLOAD FREE INDIANA CHILD CUSTODY FORMS PACKET NOW

How to Fill Out the Most Common Indiana Child Custody Forms Correctly

Filling the Verified Petition to Establish Custody

Paragraph 6 is the most important – this is where you request specific parenting time. Be realistic. Indiana courts strongly favor the Indiana Parenting Time Guidelines schedule unless you have a compelling reason to deviate.

Creating a Parenting Plan That Judges Actually Approve

Indiana now requires a proposed parenting plan in almost every case. The best plans include:

Indiana Parenting Time Guidelines 2025 – What Changed?

The core Indiana Parenting Time Guidelines PDF has not had major revisions since 2022, but several counties now enforce:

Emergency & Temporary Custody in Indiana – What Actually Works

To get temporary orders fast, you must file:

  1. Verified Motion for Emergency Custody/Temporary Orders
  2. Affidavit with specific facts (not just “I’m worried”)
  3. Proposed Temporary Parenting Time Order

Judges in Marion, Hamilton, and Allen counties now require at least 48-hour notice to the other parent unless you can prove immediate danger.

How to File a Modification of Custody or Parenting Time in Indiana

You need a “substantial change in circumstances” since the last order. Common qualifying changes:

Use the official Indiana modification of parenting time form titled “Verified Petition to Modify Custody, Parenting Time, and Child Support.”

Common Mistakes That Get Indiana Custody Petitions Denied

Free vs. Paid Legal Help in Indiana

Indiana Legal Services (ilsi.net) offers free help if you earn less than 125% of federal poverty level. The Modest Means program charges $50–$75 per hour for moderate-income families.

Final Thoughts from a 12-Year Indiana Family Law Veteran

Filing for custody in Indiana is stressful, but the courts have made tremendous improvements in providing self-help forms and instructions. Thousands of parents successfully represent themselves every year using the exact packet I’ve made available above.

Take it one form at a time, read the Indiana Parenting Time Guidelines cover to cover, and remember: the judge’s primary concern is always the best interest of your child – not which parent “wins.”

Download your free 2025 Indiana child custody forms packet today and take the first step.

YES – SEND ME THE FREE INDIANA CUSTODY FORMS NOW

Questions? Leave a comment below or email me directly. I answer every single one.

Published & updated: November 2025
Sources: Indiana Judicial Branch (courts.in.gov), IRS Publication 504 (for tax implications of custody), Indiana Code Title 31