Winning Sole Custody in Indiana: What You Need to Prove

Introduction: Understanding Sole Custody in Indiana

Winning sole custody of your child is one of the most challenging legal battles a parent can face. Indiana courts prioritize the best interests of the child, and judges typically prefer shared parenting arrangements. However, there are circumstances where sole custody is warranted—whether due to neglect, abuse, instability, or an inability of the other parent to co-parent effectively.

If you're seeking sole custody in Indiana, you must prove that this arrangement is best for your child. This article will guide you through what courts consider, the evidence you need, and legal strategies to strengthen your case.

What Is Sole Custody in Indiana?

Sole custody in Indiana can be broken into two categories:

• Sole Legal Custody – One parent has the exclusive right to make important decisions about the child's education, healthcare, religious upbringing, and other major life choices.

• Sole Physical Custody – The child lives full-time with one parent, while the other may have restricted visitation or no contact at all.

While joint custody is preferred in most cases, sole custody may be granted if one parent proves that the other is unfit or that joint custody would negatively impact the child’s well-being.

Indiana’s Best Interests Standard: What the Law Says

Under Indiana Code § 31-17-2-8, courts determine custody based on the best interests of the child. Judges consider factors such as:

• The child’s age and gender

• The wishes of the child, especially if they are 14 or older

• The child’s adjustment to home, school, and community

• The mental and physical health of both parents

• Evidence of domestic violence, neglect, or substance abuse

• The relationship between the child and each parent

A parent seeking sole custody must prove that joint custody is not in the child’s best interests and that sole custody would provide a more stable, nurturing, and safe environment.

What You Need to Prove to Win Sole Custody in Indiana

To convince a judge that sole custody is necessary, you must demonstrate that the other parent is unable to provide a safe, stable, and nurturing environment. Courts will evaluate several factors, including:

1. The Other Parent Poses a Risk to the Child’s Well-Being

If the other parent has a history of substance abuse, domestic violence, neglect, or mental health issues that endanger the child, the court may grant sole custody. Evidence may include:
✅ Police reports
✅ Child Protective Services (CPS) records
✅ Medical or psychological evaluations
✅ Witness statements from teachers, doctors, or family members

2. The Other Parent Is Uninvolved or Unfit

If one parent has been absent or uninvolved in the child’s life, courts may see sole custody as the best option. You can strengthen your case by showing:
✅ The other parent frequently misses visitation
✅ They fail to provide financially for the child
✅ They don’t participate in the child's schooling, medical care, or extracurriculars

3. The Other Parent Violates Custody Agreements

If the other parent has repeatedly failed to follow court-ordered parenting plans, this can be used to argue for sole custody. Violations may include:
✅ Denying court-ordered visitation
✅ Interfering with your relationship with the child (parental alienation)
✅ Failing to return the child after visitation

4. The Child’s Preference (If Age-Appropriate)

Indiana courts consider the child’s wishes, particularly if they are 14 years or older. If your child prefers to live with you full-time, their testimony or a Guardian ad Litem (GAL) recommendation can support your case.

Legal Strategies for Winning Sole Custody

Winning a sole custody case requires a strong legal strategy backed by compelling evidence. Here’s what you need to do:

1. Keep a Detailed Parenting Journal

One of the best ways to document your involvement is by maintaining a parenting time journal. A journal helps track:
📌 Missed visitations by the other parent
📌 Instances of neglect, dangerous behavior, or instability
📌 Efforts you've made to co-parent

Read more on how a parenting journal can help win custody.

2. Gather Strong Evidence

Documentation is key. Collect:
✅ Texts, emails, and call logs showing the other parent’s lack of communication or refusals to co-parent
✅ School and medical records proving your involvement in the child’s life
✅ Witness statements from teachers, doctors, or counselors

Read more about how evidence plays a role in winning custody cases.

3. Demonstrate Stability and a Supportive Environment

Judges want to see that your home provides:
🏡 A safe, stable environment
📚 A focus on education and personal growth
👩‍⚕️ Access to proper healthcare and emotional support

4. Work with an Experienced Child Custody Attorney

Winning sole custody requires legal expertise. A skilled Indiana child custody attorney can:
✔ Help you gather the necessary evidence
✔ Present a compelling case in court
✔ Protect your parental rights

What If the Other Parent Contests the Custody Case?

If the other parent fights against sole custody, expect challenges such as:

• Counter-accusations that you are unfit

• False claims of alienation or interference

• Mediation or custody evaluations to assess the child’s best interests

Having an attorney is crucial to refuting false claims and ensuring your case is presented effectively.

Conclusion: Take Action to Protect Your Child

Winning sole custody in Indiana is difficult, but not impossible. If the other parent is unfit, uninvolved, or presents a danger to your child, you have the legal right to fight for sole custody.

📞 Need legal help? Contact Vining Legal LLC today at (317) 759-3225 or schedule a consultation to discuss your case. Your child’s future depends on taking the right legal steps—let’s build a strong case together.