How to modify child custody and parenting time in Indiana

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of Indiana Code sections 31-17-2-21 (modification of a custody order), 31-17-2-8 (custody order and best-interest factors), chapter 31-17-2.2 (relocation) and sections 31-17-4-1 and 31-17-4-2 (parenting time), as published in the 2025 Indiana Code by the Indiana General Assembly at iga.in.gov. Indiana says “parenting time” where many states say visitation. Read what we could not confirm below.

Indiana divorce kit Child custody in Indiana Modifying child support and spousal support in Indiana After your divorce: changing a support or custody order

The short version

Indiana uses a two-part test to change custody. Under IC 31-17-2-21(a), the court “may not modify a child custody order unless” the modification is in the child’s best interests and there is a substantial change in one or more of the factors the court may consider under section 8 (and section 8.5, if it applies). Parenting time is different: under 31-17-4-2 the court may modify a parenting time order “whenever modification would serve the best interests of the child”, but it cannot restrict a parent’s parenting time unless the time “might endanger the child’s physical health or significantly impair the child’s emotional development”. For changing child support or spousal support instead, see modifying child support and spousal support in Indiana.

The custody modification test

Two requirements, 31-17-2-21(a). The modification must be in the best interests of the child, and there must be a substantial change in one or more of the section 8 factors (or the de facto custodian factors in section 8.5). Both are needed.
The court looks at the section 8 factors, 31-17-2-21(b). In making its determination the court “shall consider the factors listed under section 8”.
Old evidence is limited, 31-17-2-21(c). The court shall not hear evidence about a matter that occurred before the last custody proceeding between the parties unless the matter relates to a change in the best-interest factors.
Written findings, 31-17-2-8.2. A final order modifying custody or denying modification must include the trial court’s findings of fact and conclusions of law. The section says this does not apply to a preliminary or provisional order.
Priority setting, 31-17-2-6. Custody proceedings must receive priority in being set for hearing.

How the court decides: best interests

The standard, 31-17-2-8. The court decides custody “in accordance with the best interests of the child”, and “there is no presumption favoring either parent”. It considers all relevant factors, including those listed.
The listed factors. (1) the age and sex of the child; (2) the wishes of the parent or parents; (3) the wishes of the child, with more consideration if the child is at least fourteen; (4) the child’s interaction and interrelationship with parents, siblings and anyone else who may significantly affect the child’s best interests; (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 a de facto custodian has cared for the child, in which case the court considers the section 8.5(b) factors; and (9) a power of attorney designation of a parent or a de facto custodian.
Disability, 31-17-2-8.1. In a proceeding to modify custody the court shall not discriminate against a parent with a disability and shall consider reasonable accommodations.

Changing parenting time

The right to parenting time, 31-17-4-1(a). A parent without custody is entitled to reasonable parenting time unless the court finds, after a hearing, that it might endanger the child’s physical health or significantly impair the child’s emotional development.
Modifying, 31-17-4-2. The court may modify an order granting or denying parenting time whenever modification would serve the child’s best interests. The statute does not require the substantial-change showing that section 21 requires for custody.
Restricting. A restriction needs the endangerment or emotional-impairment finding. That is a higher bar than ordinary modification.
Supervised time, 31-17-4-1(d) and (e). If parenting time is granted to a person convicted of child molesting or child exploitation, there is a rebuttable presumption that it must be supervised. If the conviction was within the previous five years, the court shall order supervision.
Security, 31-17-4-2.5. The court may require a bond or other guarantee to secure enforcement of a parenting time order or a modification.
Fees and costs, 31-17-4-3. In an action to enforce or modify parenting time rights the court may award reasonable attorney’s fees, court costs and other litigation expenses.
Disability, 31-17-4-1.1. A court determining or modifying parenting time shall not discriminate against a parent with a disability and shall consider reasonable accommodations.

Moving: the relocation statute

Notice, 31-17-2.2-1(a) and 31-17-2.2-3. A relocating individual must file a notice of intent to move with the clerk of the court that issued the custody or parenting time order. The notice must be filed and served on a nonrelocating party no later than thirty days before the move or no more than fourteen days after the relocating individual learns of it, whichever is sooner.
What the notice says. It must give the new address, telephone numbers, the move date, a brief statement of the reasons, whether the relocating person thinks parenting time needs revising, a statement that the other parent must respond within twenty days after service, and a statement of each party’s right to petition.
When no notice is needed, 31-17-2.2-1(b). A prior court order has addressed the relocation, or the move shortens the distance between the parents or adds no more than twenty miles and lets the child stay in the current school.
The hearing, 31-17-2.2-1(c). On a party’s motion the court sets a hearing to allow or restrain the relocation and to review and modify, if appropriate, custody, parenting time, grandparent visitation or child support orders. It considers the distance, the hardship and expense of parenting time for the other parent, the feasibility of preserving the relationship, any pattern of promoting or thwarting contact, each side’s reasons, and other best-interest factors.
Orders stay in force, 31-17-2.2-1(e). If the relocation occurs, existing orders remain in effect until the court modifies them.
Mediation and fees, 31-17-2.2-1(d) and (f). The court may order mediation or another alternative dispute resolution process before the hearing, and may award reasonable attorney’s fees.

What we could not confirm

How courts apply “substantial change”. The statute does not define the phrase, and we read no Indiana appellate decision. We cannot say how courts weigh a change in the section 8 factors or whether the same showing governs a request to change the primary-residence parent.
Method and currency. The Indiana Code site (iga.in.gov) is a JavaScript application that does not return section text to our page reader. We read each section on screen in a browser on 7 November 2026 and transcribed it, so a transcription slip is possible. The text is the 2025 Indiana Code. We did not check for changes after the 2025 session.
Sections we did not read. We did not read 31-17-2-8.5 (de facto custodian factors) in full, the temporary custodian and joint legal custody sections (31-17-2-11 and 31-17-2-13 to 31-17-2-15), the military sections beyond a short summary of the expedited-hearing provision, the section on drug testing (31-17-2-21.8), chapter 31-17-2.4 (mediation), the parenting time guidelines or the Uniform Child Custody Jurisdiction and Enforcement Act.
Forms, fees and courts. We did not confirm an Indiana statewide custody-modification form, filing fees, fee waivers or which court division hears the petition. Ask the clerk of the court that entered your order.

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