Indiana Sole Custody Agreement

SOLE CUSTODY AGREEMENT

STATE OF INDIANA

In the [________________________________] Court
[________________________________] County, Indiana

Cause No.: [____]-[____]-[____]-[____]-[________]

STATUTORY BASIS

Under Indiana law, when the Court determines that joint legal custody is not in the best interests of the child, it may award sole legal custody and sole physical custody to one parent (the "Custodial Parent") while establishing parenting time for the other parent (the "Noncustodial Parent").

The Court makes this determination based on the best-interest factors set forth in IC 31-17-2-8. There is no presumption favoring either parent. Indiana law presumes that the noncustodial parent is entitled to reasonable parenting time under the Indiana Parenting Time Guidelines (IPTG) unless the Court finds that parenting time might endanger the child's physical health or significantly impair the child's emotional development (IC 31-17-4-2).

ARTICLE I: PARTIES AND CHILDREN

Section 1.01 — Custodial Parent

• Full Legal Name: [________________________________]
• Residential Address: [________________________________], [________________________________] County, Indiana [________]
• Telephone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]
• Work Schedule: [________________________________]

Section 1.02 — Noncustodial Parent

• Full Legal Name: [________________________________]
• Residential Address: [________________________________], [________________________________] County, Indiana [________]
• Telephone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]
• Work Schedule: [________________________________]

Section 1.03 — Minor Child(ren)

Section 1.04 — Court Filing

This Agreement shall be filed with the [________________________________] Circuit Court / Superior Court, [________________________________] County, Indiana, for approval and incorporation into:
☐ A Decree of Dissolution of Marriage
☐ A Custody Order (paternity or independent custody action)
☐ Other: [________________________________]

ARTICLE II: BEST-INTEREST ANALYSIS (IC 31-17-2-8)

The parties have considered the following statutory factors in reaching this Agreement. The Court retains independent authority to evaluate each factor.

Section 2.01 — Factors Supporting Sole Custody

(1) Age and sex of the child: [________________________________]

(2) Wishes of the child's parents: Both parents agree that sole custody to the Custodial Parent is in the child(ren)'s best interests because: [________________________________]

(3) Wishes of the child: ☐ No child is 14 or older. ☐ The following child(ren) aged 14 or older have expressed their wishes, which are given consideration per IC 31-17-2-8(3): [________________________________]

(4) Interaction and interrelationship of the child with parents, siblings, and other significant persons: [________________________________]

(5) Child's adjustment to home, school, and community: [________________________________]

(6) Mental and physical health of all individuals involved: [________________________________]

(7) Evidence of a pattern of domestic or family violence by either parent:
☐ No evidence of domestic or family violence.
☐ Evidence exists as described in Article VII of this Agreement.

(8) Evidence that the child has been cared for by a de facto custodian:
☐ Not applicable.
☐ Applicable — IC 31-17-2-8.5 analysis: [________________________________]

Section 2.02 — Basis for Sole Custody

Sole custody to the Custodial Parent is appropriate because (select all that apply):

☐ The parents are unable to communicate and cooperate effectively regarding the child(ren)'s welfare, making joint legal custody impracticable under IC 31-17-2-15.

☐ Geographic distance between the parents' residences makes joint physical custody impracticable.

☐ History of domestic violence (see Article VII).

☐ The Noncustodial Parent's work schedule, health condition, or other circumstances prevent effective co-parenting: [________________________________]

☐ Other: [________________________________]

ARTICLE III: SOLE LEGAL CUSTODY

Section 3.01 — Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren), with the exclusive right and responsibility to make all major decisions regarding the child(ren)'s upbringing, including:

1. Education — School selection and enrollment, public vs. private vs. home schooling, special education services (IEP, Section 504), tutoring, grade retention, and college planning
2. Health Care — Selection of physicians, dentists, and specialists; medical, surgical, dental, orthodontic, and optical treatment; prescription medications; vaccinations
3. Mental Health — Selection of therapists, counselors, or psychiatrists; commencement or termination of treatment; psychiatric medications
4. Religious Training — Religious affiliation, education, and participation in religious practices
5. Extracurricular Activities — Enrollment in sports, clubs, camps, lessons, and organized activities
6. Travel — Domestic and international travel decisions
7. Legal Matters — Consent to marriage, military enlistment, name changes, or other legal proceedings

Section 3.02 — Consultation with Noncustodial Parent

While the Custodial Parent has exclusive decision-making authority, the Custodial Parent:

☐ Shall inform the Noncustodial Parent of major decisions within [____] days of making them.
☐ Is encouraged but not required to consult the Noncustodial Parent before making major decisions.
☐ Shall consult the Noncustodial Parent before making the following specific decisions (but the Custodial Parent retains final authority): [________________________________]

Section 3.03 — Emergency Decisions

Either parent having physical custody at the time of an emergency may authorize emergency medical treatment and shall notify the other parent within twenty-four (24) hours.

ARTICLE IV: PHYSICAL CUSTODY AND PARENTING TIME

Section 4.01 — Primary Physical Custody

The child(ren) shall reside primarily with the Custodial Parent at [________________________________], [________________________________] County, Indiana.

The child(ren) shall be enrolled in the [________________________________] School Corporation / School District.

Section 4.02 — Noncustodial Parent's Parenting Time

☐ Option A: Indiana Parenting Time Guidelines (Standard)

The Noncustodial Parent shall have parenting time as prescribed by the current IPTG, including at minimum:

• Alternating weekends: Friday at 6:00 PM to Sunday at 6:00 PM
• Midweek evening: One evening per week, [________________________________] (day), from [____]:00 PM to [____]:00 PM (for children age 3 and older)
• Holiday schedule: Per IPTG alternating holiday provisions
• Summer: One-half of summer vacation for children age 5 and older (notice of dates by April 1); up to four nonconsecutive weeks for children ages 3-4
• Birthday: The Noncustodial Parent is entitled to two (2) hours of parenting time on the child's birthday if not otherwise scheduled

☐ Option B: Expanded Parenting Time

• Alternating weekends: Friday after school to Monday morning school drop-off
• Midweek overnights: [________________________________] (day) after school to [________________________________] (day) morning school drop-off
• Holiday and summer: Per IPTG or as follows: [________________________________]

☐ Option C: Restricted / Supervised Parenting Time

Supervised parenting time is ordered because (select applicable):
☐ Conviction for domestic or family violence witnessed or heard by child (IC 31-17-2-8.3) — supervised for at least [____] year(s)
☐ Substance abuse concerns — supervision pending completion of treatment
☐ History of child abuse or neglect
☐ Parent's unfamiliarity with child following extended absence
☐ Other: [________________________________]

Supervision details:

• Supervisor: ☐ Professional supervised visitation provider ☐ Named individual: [________________________________]
• Location: ☐ Supervised visitation center: [________________________________] ☐ Other: [________________________________]
• Frequency: [________________________________]
• Duration: [________________________________]
• Cost of supervision borne by: ☐ Noncustodial Parent ☐ Shared ☐ Other: [________________________________]

Conditions for transitioning to unsupervised parenting time:
☐ Completion of batterer's intervention program per IC 31-17-2-8.3(d)
☐ [____] consecutive months of verified sobriety
☐ Completion of parenting classes
☐ Positive recommendation from supervisor or therapist
☐ Court review and approval
☐ Other: [________________________________]

☐ Option D: Custom Parenting Time Schedule

If this schedule provides less than the IPTG minimum, the required written explanation under IPTG Section I(B) is:
[________________________________]

Section 4.03 — Holiday Schedule

☐ IPTG holiday schedule applies.

☐ Custom holiday schedule:

Section 4.04 — Summer Parenting Time

Per the IPTG:

• Children 5 and older: Noncustodial Parent entitled to one-half of summer vacation. Notice of dates by April 1.
• Children 3-4: Up to four nonconsecutive weeks.

☐ IPTG summer provisions apply.
☐ Custom summer provisions: [________________________________]

During the Noncustodial Parent's extended summer time, the Custodial Parent shall have ☐ the IPTG standard midweek/weekend schedule ☐ other: [________________________________].

Section 4.05 — Exchanges and Transportation

Exchange location: [________________________________]

Transportation responsibilities:
☐ The Noncustodial Parent provides all transportation.
☐ The receiving parent provides transportation (pickup).
☐ Shared (each parent drives one way).
☐ Other: [________________________________]

Exchange conduct: Both parents shall be punctual, courteous, and shall not discuss legal matters, interrogate the child(ren), or engage in conflict during exchanges. The child(ren) shall have appropriate clothing, medications, school materials, and personal items.

Section 4.06 — Right of First Refusal

When the Custodial Parent is unable to personally care for the child(ren) for more than [____] consecutive hours (excluding school and sleeping hours), the Custodial Parent shall first offer the time to the Noncustodial Parent before arranging third-party childcare. The Noncustodial Parent shall respond within [____] hours.

☐ Right of first refusal also applies to the Noncustodial Parent during scheduled parenting time.
☐ Right of first refusal does not apply.

ARTICLE V: COMMUNICATION AND INFORMATION

Section 5.01 — Parent-Child Communication

Per the IPTG, the Noncustodial Parent is entitled to reasonable contact with the child(ren) when they are with the Custodial Parent, including telephone, video, email, text, letters, and packages. The Custodial Parent shall:

• Ensure the child(ren) have access to a phone or device for communication
• Not monitor, record, or interfere with the child(ren)'s communications with the Noncustodial Parent
• Facilitate communication at reasonable times, generally between [____]:00 PM and [____]:00 PM

Section 5.02 — Parental Communication

Parents shall communicate regarding the child(ren)'s welfare through ☐ email ☐ text ☐ co-parenting application ☐ other: [________________________________].

The Custodial Parent shall provide the Noncustodial Parent with:

• Copies of school report cards and progress reports within [____] days of receipt
• Notice of parent-teacher conferences, school events, and extracurricular activities
• Notice of any emergency, serious illness, or hospitalization within twenty-four (24) hours
• Updated medical and dental records upon request
• Copies of any evaluations, assessments, or IEP documents

Section 5.03 — Records Access

The Noncustodial Parent retains the right to access:

• All school records, directly from the school
• All medical, dental, and mental health records, directly from providers
• All childcare and daycare records

Both parents shall be listed as emergency contacts and authorized persons at all schools, medical offices, and childcare facilities.

Section 5.04 — Address and Contact Changes

Each parent shall notify the other within [____] days of any change in:

• Residential address
• Telephone number
• Email address
• Employment
• Emergency contact information

ARTICLE VI: RELOCATION

Section 6.01 — Custodial Parent Relocation

The Custodial Parent may relocate with the child(ren) subject to IC 31-17-2.2-1:

(a) The Custodial Parent must file a notice of intent to move with the court clerk and serve the Noncustodial Parent at least thirty (30) days before the intended relocation.

(b) No notice is required if:

• The move increases distance by no more than twenty (20) miles and the child(ren) remain in the same school; or
• The relocation has been addressed by a prior court order.

(c) The notice must include the new address, the date of the move, the reason for the move, and a proposed revised parenting time schedule.

(d) The Noncustodial Parent may file a motion to prevent the relocation or to modify parenting time. The existing order remains in effect until the Court rules.

Section 6.02 — Noncustodial Parent Relocation

If the Noncustodial Parent relocates and the existing parenting time schedule becomes impracticable, the parents shall negotiate a revised schedule that preserves meaningful contact, including extended holiday, summer, and school-break time, plus regular virtual communication.

Section 6.03 — International Travel

☐ Neither parent may take the child(ren) outside the United States without written consent of the other parent or prior court approval.
☐ The Custodial Parent may take the child(ren) outside the United States for trips of up to [____] days with [____] days' advance notice and a complete itinerary.
☐ The Noncustodial Parent may take the child(ren) outside the United States only with written consent and court approval.

ARTICLE VII: DOMESTIC VIOLENCE AND SAFETY PROVISIONS

Section 7.01 — Domestic Violence History

☐ No history of domestic or family violence by either parent.

☐ Domestic violence history exists:

• ☐ Protective order currently in effect: Case No. [________________________________], [________________________________] Court, [________________________________] County
• ☐ Past protective order (expired): [________________________________]
• ☐ Criminal conviction for domestic or family violence: [________________________________]
• ☐ Pending charges: [________________________________]
• ☐ DCS involvement: [________________________________]

Section 7.02 — IC 31-17-2-8.3 Provisions

If a parent has been convicted of domestic or family violence witnessed or heard by the child(ren), the Court shall apply the rebuttable presumption under IC 31-17-2-8.3 that parenting time must be supervised for at least one (1) to two (2) years. The convicted parent must complete a batterer's intervention program before unsupervised parenting time may be considered.

Section 7.03 — Safety Measures

☐ Exchanges at a supervised or public location: [________________________________]
☐ No direct contact between parents at exchanges (staggered drop-off/pickup)
☐ Communication through third party or co-parenting application only
☐ Substance abuse testing required: ☐ Random ☐ Before each visit ☐ Frequency: [________________________________]
☐ Other: [________________________________]

Section 7.04 — Firearms and Substance Use

• All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).
• Neither parent shall consume alcohol to the point of impairment or use illegal substances during parenting time or within twelve (12) hours before parenting time.
• Neither parent shall operate a motor vehicle while impaired with the child(ren) present.

ARTICLE VIII: PARENTING EDUCATION

☐ Both parents shall complete a court-approved co-parenting education program as required by [________________________________] County local rules within [____] days of filing.

• Parent A completion date: [__/__/____]
• Parent B completion date: [__/__/____]

☐ Parenting education already completed.

☐ Not required by local rule.

ARTICLE IX: FINANCIAL PROVISIONS

Section 9.01 — Child Support

Child support shall be calculated per the Indiana Child Support Guidelines (IC 31-16-6) and is ☐ addressed in a separate order ☐ set forth as follows: [________________________________]

Section 9.02 — Health Insurance

☐ Custodial Parent ☐ Noncustodial Parent ☐ Both parents shall maintain health, dental, and vision insurance for the child(ren).

Section 9.03 — Unreimbursed Medical Expenses

Unreimbursed medical, dental, orthodontic, optical, psychological, and pharmaceutical expenses shall be allocated:
☐ Equally (50/50)
☐ Proportionally: Custodial Parent [____]% / Noncustodial Parent [____]%
☐ Entirely to [________________________________]
☐ Other: [________________________________]

The parent incurring the expense shall provide documentation within [____] days. Reimbursement is due within [____] days.

Section 9.04 — Extracurricular and Education Costs

☐ The Custodial Parent shall determine extracurricular enrollment and bear all costs.
☐ Mutually agreed costs shall be shared: ☐ Equally ☐ Proportionally ☐ Other: [________________________________]
☐ Private school tuition: [________________________________]

ARTICLE X: DISPUTE RESOLUTION

Section 10.01 — Direct Communication

Parents shall first attempt to resolve disputes through direct, respectful communication.

Section 10.02 — Mediation

If communication fails, the parents shall participate in mediation with a qualified Indiana family mediator. Cost shared ☐ equally ☐ proportionally.

Section 10.03 — Court Proceedings

If mediation is unsuccessful, either parent may petition the [________________________________] Circuit / Superior Court, [________________________________] County, Indiana.

Section 10.04 — Emergency Relief

Either parent may seek emergency court relief under Indiana Trial Rule 65 to protect the child(ren)'s health or safety.

Section 10.05 — Attorney's Fees

The Court may award reasonable attorney's fees to the prevailing party in enforcement or contempt proceedings.

ARTICLE XI: MODIFICATION

Either parent may petition the Court for modification under IC 31-17-2-21 upon demonstrating:

1. The modification is in the best interests of the child(ren); and
2. A substantial change has occurred in one or more factors under IC 31-17-2-8.

The Court shall not hear evidence on matters occurring before the last custody proceeding unless such matters relate to a change in the best-interest factors.

ARTICLE XII: GENERAL PROVISIONS

Entire Agreement. This Agreement, together with any court orders in the above-captioned cause, constitutes the entire understanding regarding custody.

Severability. If any provision is held invalid, the remaining provisions continue in full force.

Governing Law. This Agreement is governed by Indiana Code Title 31, the Indiana Parenting Time Guidelines, and applicable Indiana court rules.

Counterparts. This Agreement may be executed in counterparts and by electronic signature.

Continuing Jurisdiction. The [________________________________] Circuit / Superior Court, [________________________________] County, Indiana, retains continuing jurisdiction under IC 31-21 (UCCJEA).

EXECUTION

We, the undersigned, affirm under the penalties for perjury that this Sole Custody Agreement is true, accurate, and in the best interests of our child(ren).

CUSTODIAL PARENT:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

NONCUSTODIAL PARENT:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION (Indiana Trial Rule 11)

I, [________________________________], affirm under the penalties for perjury that the foregoing is true and correct.

Signature: _________________________________
Date: [__/__/____]

I, [________________________________], affirm under the penalties for perjury that the foregoing is true and correct.

Signature: _________________________________
Date: [__/__/____]

ATTORNEY SIGNATURES (if represented)

Attorney for Custodial Parent:
Name: [________________________________]
Indiana Attorney No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Signature: _________________________________

Attorney for Noncustodial Parent:
Name: [________________________________]
Indiana Attorney No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Signature: _________________________________

COURT APPROVAL AND ORDER

The Court, having reviewed the foregoing Sole Custody Agreement and having considered the best-interest factors under IC 31-17-2-8, finds that:

☐ Sole legal and physical custody to [________________________________] is in the best interests of the child(ren).
☐ The Noncustodial Parent's parenting time is ☐ per the IPTG ☐ as set forth in Article IV.
☐ The Agreement is approved and incorporated as an order of this Court.

IT IS SO ORDERED.

Date: [__/__/____]

_________________________________
Judge, [________________________________] Circuit / Superior Court
[________________________________] County, Indiana

SOURCES AND REFERENCES

• Indiana Code 31-17-2-8 — Best Interest Factors
• Indiana Code 31-17-2-8.3 — Supervised Parenting Time; Domestic Violence
• Indiana Code 31-17-2-8.5 — De Facto Custodian Considerations
• Indiana Code 31-17-2-13 through 31-17-2-17 — Joint Legal Custody (factors Court considered in declining joint custody)
• Indiana Code 31-17-2-21 — Modification of Custody Order
• Indiana Code 31-17-2.2-1 — Relocation Notice Requirements
• Indiana Code 31-17-4-2 — Restriction of Parenting Time
• Indiana Code 31-17-6 — Guardian ad Litem and CASA
• Indiana Code 31-16-6 — Child Support Guidelines
• Indiana Code 31-21 — UCCJEA
• Indiana Parenting Time Guidelines (adopted by the Indiana Supreme Court, effective March 31, 2001, as amended)
• Indiana Trial Rule 11 — Verification
• Indiana Trial Rule 65 — Emergency / Injunctive Relief