Sec. 2. The court shall determine custody in
accordance with the best interests of the child. In determining the
child's best interests, there is not a presumption favoring either parent.
The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child's parents.
(3) 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.
(4) The interaction and interrelationship of the child with:
(A) the child's parents;
(B) the child's siblings; and
(C) any other person who may significantly affect the child's
best interest.
(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 the child has been cared for by a de facto
custodian, and if the evidence is sufficient, the court shall
consider the factors described in section 2.5(b) of this chapter.
[Pre-1997 Recodification Citation: 31-6-6.1-11(a)
part.]
As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999,
SEC.2; P.L.133-2002, SEC.24.
Notes of Decisions
Marriage of Julie C. v. Andrew C., 924 N.E.2d 1249 (Ind. Ct. App. 2010).
· cites it 4× “Although the statute at issue in Sabo was Indiana Code section 31-14-13-2, which is applicable to determining custody in paternity proceedings, we note it contains language nearly identical to Section 31-17-2-8, which is applicable to determining custody in dissolution…”
Rea v. Shroyer, 797 N.E.2d 1178 (Ind. Ct. App. 2003).
· cites it 6× “Ind.Code § 31-14-13-2. Rea asserts the evidence at trial did not demonstrate a substantial change in one of the factors listed in Section 2.”
F.M., Mother v. N.B., Father, 979 N.E.2d 1036 (Ind. Ct. App. 2012).
· cites it 6× “The case required comprehension of the law with respect to the modification of custody as well as the rules of evidence and trial procedure.”
In Re The Paternity of C.J.A.: G.C. (Mother) v. T.A. (Father), 3 N.E.3d 1020 (Ind. Ct. App. 2014).
· cites it 18× “See Ind. Code § 31-14-13-2 . Indiana Code section 31-14-13-6 provides that a trial court “may not modify a child custody order unless” there is a “substantial change” in one of the factors listed in section 31-14-13-2.”
Walker v. Nelson, 911 N.E.2d 124 (Ind. Ct. App. 2009).
· cites it 6× “The child custody modification statute provides that "[t]he court may not modify a child custody order unless: (1) modification is in the best interests of the child; and (2) there is a substantial change in one (1) or more of the factors that the court may consider under…”
Paternity of G.G.B.W. v. S.W., 80 N.E.3d 264 (Ind. Ct. App. 2017).
· cites it 4× “I.C. § 31-14-13-2. With respect to modification of legal custody, a trial court should specifically consider whether there has also been a change in one of the statutory factors governing awards of joint legal custody.”
In Re Guardianship of Ll, 745 N.E.2d 222 (Ind. Ct. App. 2001).
· cites it 4× “" Ind. Code §§ 31-14-13-2 .5(d) and 31-17-2-8.”
In Re Paternity of Winkler, 725 N.E.2d 124 (Ind. Ct. App. 2000).
· cites it 6× “" Ind.Code § 31-14-13-2 provides that the court shall make an initial custody determination in a paternity case by looking at all relevant factors, including the factors listed in subsections (1) through (8) of the statute, to determine the best interests of the child.”
Heagy v. Kean, 864 N.E.2d 383 (Ind. Ct. App. 2007).
· cites it 4× “The factors the court may consider are listed in Ind.Code § 31-14-13-2, which in pertinent part provides: The court shall consider all relevant factors, including the following: (1) The age and sex of the child.”
Marriage of Kondamuri v. Kondamuri, 852 N.E.2d 939 (Ind. Ct. App. 2006).
· cites it 2× “The trial court cited Indiana Code section 31-14-13-2, which is the statute applicable to determining custody in paternity proceedings.”
— Ind. Code § 31-14-13-2(1) — 1 case
— Ind. Code § 31-14-13-2(2) — 3 cases
— Ind. Code § 31-14-13-2(3) — 1 case
— Ind. Code § 31-14-13-2(4) — 1 case
— Ind. Code § 31-14-13-2(4)(A) — 1 case
— Ind. Code § 31-14-13-2(5) — 1 case
— Ind. Code § 31-14-13-2(6) — 1 case
— Ind. Code § 31-14-13-2(7) — 1 case
— Ind. Code § 31-14-13-2(8) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.