Indiana Code

Ind. Code § 31-17-2-12 (2025)

Investigation and report concerning custodial arrangements for child

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 12. (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by any of the following:

(1) The court social service agency.

(2) The staff of the juvenile court.

(3) The local probation department or, if the child is the subject of a child in need of services case under IC 31-34, the department of child services.

(4) A private agency employed by the court for the purpose.

(5) A guardian ad litem or court appointed special advocate appointed for the child by the court under IC 31-17-6 (or IC 31-1-11.5-28 before its repeal).

     (b) In preparing a report concerning a child, the investigator may consult any person who may have information about the child and the child's potential custodian arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's custodian. However, the child's consent must be obtained if the child is of sufficient age and capable of forming rational and independent judgments. If the requirements of subsection (c) are fulfilled, the investigator's report:

(1) may be received in evidence at the hearing; and

(2) may not be excluded on the grounds that the report is hearsay or otherwise incompetent.

     (c) The court shall mail the investigator's report to counsel and to any party not represented by counsel at least ten (10) days before the hearing. The investigator shall make the following available to counsel and to any party not represented by counsel:

(1) The investigator's file of underlying data and reports.

(2) Complete texts of diagnostic reports made to the investigator under subsection (b).

(3) The names and addresses of all persons whom the investigator has consulted.

     (d) Any party to the proceeding may call the investigator and any person whom the investigator has consulted for cross-examination. A party to the proceeding may not waive the party's right of cross-examination before the hearing.

[Pre-1997 Recodification Citation: 31-1-11.5-22(a), (b), (c).]

As added by P.L.1-1997, SEC.9. Amended by P.L.146-2008, SEC.558.

 

Notes of Decisions
Cited in 21 cases (4 in the last 5 years), 1998–2026 · leading case: In Re Paternity of MJM, 766 N.E.2d 1203 (Ind. Ct. App. 2002).
In Re Paternity of MJM, 766 N.E.2d 1203 (Ind. Ct. App. 2002). · cites it 10× “I.C. § 31-17-2-12, in pertinent part, provides: (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child.”
In Re: The Guardianship of C.R. & A.R., E.R. v. M.S. & D.S., 22 N.E.3d 657 (Ind. Ct. App. 2014). · cites it 7× “Under the express language of Indiana Code 31-17-2-12, Grandparents are not eligible to request a custody evaluation as they are neither the parents of nor the custodians for C.”
Kanach v. Rogers, 742 N.E.2d 987 (Ind. Ct. App. 2001). · cites it 2× “rules, it should have been sealed because it did not comply with Indiana Code § 31-17-2-12. That section provides that in custody proceedings, “after evidence is submitted upon the petition, if a parent or the child’s custodian so requests, the court may order an investigation…”
In the Matter of the Adoption of A.A. & L.A. (Minor Child.) J.B. & S.B. v. R.C. & N.C., 51 N.E.3d 380 (Ind. Ct. App. 2016). · cites it 2× “2014) (holding that under the plain language of Indiana Code section 31-17-2-12, "the trial court does not have the authority to order [a child custody] evaluation, in a visitation proceeding, absent a request to do so from a parent or custodian”).”
Theobald v. Theobald, 804 N.E.2d 284 (Ind. Ct. App. 2004). · cites it 4× “The trial court's order does not specify whether the home study was to be made pursuant to Indiana Code section 31-17-2-10 or to Indiana Code section 31-17-2-12. However, section 12 requires that a parent or the child's custodian request such a study.”
Deasy-Leas v. Leas, 693 N.E.2d 90 (Ind. Ct. App. 1998). · cites it 2× “CODE § 31-17-2-12 (1997 Supp.) provides that a court may appoint an investigator, which may be a guardian ad litem, for an investigation and report on custody.”
Baxter v. McKinney, 766 N.E.2d 1203 (Ind. Ct. App. 2002). · cites it 6× “IC. § 31-17-2-12, in pertinent part, provides: (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child.”
N R v. A R, No. 25A-PO-00783 (Ind. Ct. App. Dec. 2, 2025). · cites it 14× “Mother argues: Because [Wagenblast] was not actually acting as the Court appointed GAL at the time of the hearing, his testimony was not afforded the protections of Ind. Code § 31-17-2-12 , and his testimony was still subject to the standard Indiana Rules of Evidence.”
Paternity: Genesis Palma v. Zachary Kent Keown, No. 23A-JP-02316 (Ind. Ct. App. Aug. 14, 2024). · cites it 8× “[38] Indiana Code Section 31-17-2-12 allows the trial court to order an investigation and report in custody proceedings, and the investigation may be performed by a guardian ad litem.”
Kan Shao v. Yan Li, 276 N.E.3d 89 (Ind. Ct. App. 2026). · cites it 8× “Indiana Code Section 31-17-2-12(a)(5) permits a trial court to order an investigation and report in custody proceedings, and a GAL may prepare the report.”
Kristopher G. Richter v. Kaylie E. Sexton (mem. dec.), No. 71A03-1710-JP-2394 (Ind. Ct. App. Aug. 16, 2018). · cites it 4× “[19] On May 8, 2017, Father filed a motion to compel discovery referencing his subpoena duces tecum for Mother’s college and clinical schedule and another motion for a continuance in which he alleged that he requested a copy of the investigation file pursuant to Ind. Code §…”
In Re: The Guardianship of C.R. & A.R. E.R. v. M.S. & D.S. (mem. dec.), No. 79A02-1603-GU-569 (Ind. Ct. App. Dec. 27, 2016). · cites it 2× “We concluded that under the plain language of Indiana Code section 31-17-2-12, “the trial court does not have the authority to order [a child custody] evaluation in a visitation proceeding, absent a request to do so from a parent or custodian.”
Ind. Code § 31-17-2-12(a): 2 cases
Paternity: Genesis Palma v. Zachary Kent Keown, No. 23A-JP-02316 (Ind. Ct. App. Aug. 14, 2024). “[38] Indiana Code Section 31-17-2-12 allows the trial court to order an investigation and report in custody proceedings, and the investigation may be performed by a guardian ad litem.”
Joshua Blair v. Amber Fields, No. 26A-DC-00027 (Ind. Ct. App. June 9, 2026).
Ind. Code § 31-17-2-12(a)(5): 1 case
Kan Shao v. Yan Li, 276 N.E.3d 89 (Ind. Ct. App. 2026). “Indiana Code Section 31-17-2-12(a)(5) permits a trial court to order an investigation and report in custody proceedings, and a GAL may prepare the report.”
Ind. Code § 31-17-2-12(b): 3 cases
N R v. A R, No. 25A-PO-00783 (Ind. Ct. App. Dec. 2, 2025). “Mother argues: Because [Wagenblast] was not actually acting as the Court appointed GAL at the time of the hearing, his testimony was not afforded the protections of Ind. Code § 31-17-2-12 , and his testimony was still subject to the standard Indiana Rules of Evidence.”
Kan Shao v. Yan Li, 276 N.E.3d 89 (Ind. Ct. App. 2026). “Indiana Code Section 31-17-2-12(a)(5) permits a trial court to order an investigation and report in custody proceedings, and a GAL may prepare the report.”
Michael Bousum v. Amber Bousum (mem. dec.), No. 18A-DR-2876 (Ind. Ct. App. July 15, 2019).
Ind. Code § 31-17-2-12(c): 5 cases
In Re Paternity of MJM, 766 N.E.2d 1203 (Ind. Ct. App. 2002). “I.C. § 31-17-2-12, in pertinent part, provides: (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child.”
Baxter v. McKinney, 766 N.E.2d 1203 (Ind. Ct. App. 2002). “IC. § 31-17-2-12, in pertinent part, provides: (a) In custody proceedings after evidence is submitted upon the petition, if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child.”
N R v. A R, No. 25A-PO-00783 (Ind. Ct. App. Dec. 2, 2025). “Mother argues: Because [Wagenblast] was not actually acting as the Court appointed GAL at the time of the hearing, his testimony was not afforded the protections of Ind. Code § 31-17-2-12 , and his testimony was still subject to the standard Indiana Rules of Evidence.”
Kan Shao v. Yan Li, 276 N.E.3d 89 (Ind. Ct. App. 2026). “Indiana Code Section 31-17-2-12(a)(5) permits a trial court to order an investigation and report in custody proceedings, and a GAL may prepare the report.”
In Re The Paternity of R.M., a minor B.M. v. A.T., No. 39A01-1209-JP-441 (Ind. Ct. App. June 11, 2013).
Ind. Code § 31-17-2-12(d): 1 case
In Re: The Marriage of: Regina A. Niccum v. Matthew B. Niccum (mem. dec.), No. 85A02-1408-DR-551 (Ind. Ct. App. Apr. 8, 2015).
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