IS INDIANA A "DAD-FRIENDLY" STATE?

DISCLAIMER: The answers below are the opinion of Patricia L. McKinnon, Esq., and should not be considered as “legal advice”. Each person’s legal case is unique, with its own set of facts and applicable law. You should consult an attorney of your own choosing before acting on any of the information below.

     Indiana law does NOT follow the “tender years” doctrine which assumes that a mother is the best custodian for a small child. Instead, both parents are presumed equal in ability. The “Preamble” section to the Indiana Parenting Time Guidelines, states:

“The Indiana Parenting Time Guidelines are based on the premise that it is usually in a child’s best interest to have frequent, meaningful and continuing contact with each parent. It is assumed that both parents nurture their child in important ways, significant to the development and well being of the child.” (Emphasis added).

     However, keep in mind that at a hearing, a Court will consider whether or not a parent has had “regular care responsibilities” for a child before allowing overnight parenting time for a non-custodial parent with a child under the age of three. In hearing evidence and testimony on whether or not a parent provides “regular care responsibilities”, a Court may consider whether or not a non-custodial parent has bathed a child, fed the child, or stayed with a child alone while the other parent was not home, particularly in an overnight situation.

     There are fathers who become the “custodial” parent while the mothers become the “non-custodial” parent. Every case is different. Keep in mind that the Court must ultimately decide custody if the parents cannot agree on who becomes the “custodial” parent.