Child Custody Lawyer in Indianapolis
Your time with your child matters. Here is how I help you protect it.
Your child comes first. Call Wynn. (317) 832-1182
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By Myekeal Wynn, Attorney at Law
A custody case decides where your child lives, who makes the big decisions, and how much time you get. I represent mothers and fathers in custody, parenting time, and relocation cases, including cases where DCS is involved.
How Indiana decides custody
The court decides custody by the best interests of the child, and there is no presumption favoring either parent. The judge considers all relevant factors, including:
The child’s age and sex
What each parent wants
What the child wants, with more weight if the child is at least 14
The child’s relationship with each parent, with siblings, and with anyone else who significantly affects the child
How the child is adjusted to home, school, and community
The mental and physical health of everyone involved
Any pattern of domestic or family violence by either parent
Sources: Ind. Code § 31-17-2-8.
Parenting time
A parent who is not granted 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. A court can modify parenting time when that serves the child’s best interests, but it cannot restrict a parent’s time without that same finding.
Sources: Ind. Code §§ 31-17-4-1(a), 31-17-4-2.
Changing a custody order
A court cannot modify custody unless the change is in the child’s best interests and there has been a substantial change in at least one of the factors above. The judge generally will not hear evidence about things that happened before the last custody proceeding.
Sources: Ind. Code § 31-17-2-21.
When a parent wants to move
A parent who plans to relocate generally must file a notice of intent to move with the court. Either parent can ask for a hearing, and the judge can allow or restrain the move and modify custody, parenting time, or support. The judge considers the distance, the hardship and expense for the other parent, whether the relationship with the child can be preserved, each parent’s reasons, any pattern of promoting or blocking contact, and the child’s best interests.
Sources: Ind. Code § 31-17-2.2-1(a), (c).
If you were never married
The mother has sole legal custody of a child born outside of marriage until a court orders otherwise. A father’s case starts with paternity. See paternity.
Sources: Ind. Code § 31-14-13-1.
When DCS is involved
I represent parents in cases where the Department of Child Services is involved with the family. If that is your situation, call before your next hearing.
Grandparent visitation and guardianships: why I am selective
I rarely take these cases, and only when the facts can meet a high bar. I will tell you at the consultation whether yours can.
Grandparent visitation. Indiana lets a grandparent ask for visitation in only three situations: the child’s parent has died, the parents’ marriage was dissolved in Indiana, or the child was born outside of marriage. A paternal grandparent of a child born outside of marriage cannot get visitation unless the father has established paternity. Even then, the court starts from a presumption that a fit parent’s decision about visitation is in the child’s best interests. The grandparent carries the burden of proof, the parent’s decision gets special weight, and any visitation awarded cannot substantially infringe on the parent’s right to raise the child.
Sources: Ind. Code §§ 31-17-5-1, 31-17-5-2; In re Visitation of M.L.B., 983 N.E.2d 583, 584, 586 (Ind. 2013).
Guardianship and custody by someone other than a parent. Indiana recognizes a strong presumption that a child’s best interests are served by placement with the natural parent. Before placing a child with anyone else, the court must be satisfied by clear and convincing evidence that the child’s best interests require it.
Sources: In re Guardianship of B.H., 770 N.E.2d 283, 287 (Ind. 2002).
How I help
I listen first. You tell me what is happening with your child, in your own words.
I tell you where you stand. You get a straight answer about your options.
I prepare you for court. You will know what to expect before you walk in.
I stand with you at every hearing.
What happens next
Free consultation. Call or book online. If you book online, we’ll call you within 24 hours to set up a phone or Zoom consultation.
Plan. We go over your current orders, your goals, and the next court date.
Court. I file what needs to be filed and stand with you at the hearing.
Related: paternity, divorce, family law, protective orders.
Common questions
Does Indiana favor mothers in custody cases?
No. The statute says there is no presumption favoring either parent.
At what age can a child choose which parent to live with?
There is no age where the child decides. The judge considers the child’s wishes and gives them more weight at 14 and older.
Can I change a custody order?
Yes, if the change is in the child’s best interests and there has been a substantial change in at least one of the custody factors.
Can the other parent move away with my child?
A relocating parent generally must file a notice with the court, and you can ask for a hearing. The judge can allow or restrain the move and change custody or parenting time.
Can grandparents get visitation in Indiana?
Only in limited situations, and the court gives special weight to a fit parent’s decision. I rarely take these cases.
Sources: Ind. Code §§ 31-17-2-8, 31-17-2-21, 31-17-2.2-1, 31-17-5-1; In re Visitation of M.L.B., 983 N.E.2d 583, 586 (Ind. 2013).
Let’s talk about your child
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Call Wynn. (317) 832-1182
Past results do not guarantee a similar outcome. Contacting Wynn Law does not create an attorney-client relationship.