Indiana Code
Ind. Code § 31-9-2-35.5 (2026)
"De facto custodian"
✓ current as of May 2026
Sec. 35.5. "De facto custodian", for purposes of IC 31-14-13, IC 31-17-2, and IC 31-34-4, means a person who has been the primary caregiver for, and financial support of, a child who has resided with the person for at least:
(1) six (6) months if the child is less than three (3) years of age; or
(2) one (1) year if the child is at least three (3) years of age.
Any period after a child custody proceeding has been commenced may not be included in determining whether the child has resided with the person for the required minimum period. The term does not include a person providing care for a child in a foster family home (as defined in IC 31-9-2-46.9).
As added by P.L.96-1999, SEC.1. Amended by P.L.145-2006, SEC.186; P.L.52-2007, SEC.7.
Notes of Decisions
Cited in 38
cases (1 in the last 5 years), 2001–2023 · leading case: Paternity of K.I. ex rel. J.I. v. J.H., 903 N.E.2d 453 (Ind. 2009).
Paternity of K.I. ex rel. J.I. v. J.H., 903 N.E.2d 453 (Ind. 2009). “Indiana Code section 31-9-2-35.5 provides in relevant part: " 'De facto custodian' [] means a person who has been the primary caregiver for, and financial support of, a child who has resided with the person for at least: (1) six (6) months if the child is less than three (3)…”
In Re Paternity of TP, 920 N.E.2d 726 (Ind. Ct. App. 2010). “[8] See Ind.Code § 31-9-2-35.5. Caretakers challenge this finding by arguing that the financial and other resources they provided for T.”
Dunson v. Dunson, 769 N.E.2d 1120 (Ind. 2002). “" Ind.Code § 31-9-2-35.5 (Supp.1999). 5 . Chad cites section 31-14-13-2.”
Francies v. Francies, 759 N.E.2d 1106 (Ind. Ct. App. 2001). “See Ind.Code §§ 31-9-2-35.5; 31-14-13-2.5; 31-17-2-8.”
In Re Guardianship of Ll, 745 N.E.2d 222 (Ind. Ct. App. 2001). “Ind.Code § 31-9-2-35.5. A "de facto custodian" must be made a party to a custody proceeding following a paternity determination, pursuant to Indiana Code Section 31-14-13-2.”
In Re Sophia GL, 890 N.E.2d 470 (Ill. 2008). “In that petition, the Lindemans alleged that Alexis was incapable of caring for Sophia and that they were Sophia's de facto custodians under Indiana law (Ind.Code Ann. § 31-9-2-35.5 (LexisNexis 2007)) as her financial providers and primary caregivers.”
Truelove v. Truelove, 855 N.E.2d 311 (Ind. Ct. App. 2006). “Mother argued, and the trial court agreed, that Grandparents could not be considered de facto custodians of the Children during the time Mother's petition for custody was pending, pursuant to Indiana Code Section 31-9-2-35.”
Nunn v. Nunn, 791 N.E.2d 779 (Ind. Ct. App. 2003). “Indiana Code Section 31-9-2-35.5 defines de facto custodian in part as “a person who has been the primary caregiver for, and financial support of, a child who has resided with that person for at least: (1) six (6) months if the child is less that three (3) years of age; or (2)…”
In the Matter of the Adoption of B.C.H., a Minor, 7 N.E.3d 1000 (Ind. Ct. App. 2014). “Under Indiana Code § 31-9-2-35.5, a de facto custodian is “a person who has been the primary caregiver for, and financial support of, a child who has resided with the person for at least: (1) six (6) months if the child is less than three (3) years of age; or (2) one (1) year if…”
A.J.L. v. D.A.L., 912 N.E.2d 866 (Ind. Ct. App. 2009). “Indiana Code Section 31-9-2-35.5 defines "de facto custodian" in relevant part as follows: "De facto custodian", for purposes of IC 31-14-18 [paternity cases], IC 31-17-2 [custody and visitation cases], and IC 31-34-4 [juvenile cases], means a person *870 who has been the…”
In Re Custody of Gj, 796 N.E.2d 756 (Ind. Ct. App. 2003). “These amendments clarify that where a party meets the definition of a de facto custodian under Indiana Code Section 31-9-2-35.5, he or she has standing to pursue custody of a child and indeed must be made a party to a marital dissolution or paternity action custody proceeding.”
In Re Marriage of Huss, 888 N.E.2d 1238 (Ind. 2008). “” I.C. § 31-9-2-35.5. Because the wife does not assert any appellate claim that such de facto status is a necessary prerequisite to the custody award to the husband, the correctness of the trial court’s finding of de facto status is not a determinative issue.”
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