In a divorce, the trial court is required to determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interest of the child, there is no presumption favoring either parent. Rather, the court shall consider all relevant evidence including the wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age. Other relevant factors include the mental and physical health of all individuals involved, and evidence of a pattern of domestic violence by either parent.

In determining an initial custody order, or a custody modification, the court has discretion to interview the child in chambers to ascertain the child's wishes. The court may seek the advice of professional personnel, typically counselors, psychologists and psychiatrists, who are not employed on a regular basis by the court. The advice of such professional personnel is persuasive, but not binding, on the trial court.

Once a custody order is issued, any subsequent modification of custody must be based on a substantial change of factors that would make the court's prior order unreasonable. Therefore, there is a higher burden of proof in modifying an existing custody order than for the issuance of the original custody order. In certain circumstances, a temporary custodian is designated to take custody of the child, over the non-custodial parent, in the event of the death of the custodial parent.

Indiana provides for grandparents visitation. A child's grandparent may seek visitation rights if the child's parents is deceased, the marriage of the child's parents has been dissolved in Indiana or, in certain circumstances, if the child was born out of wedlock. Within certain statutory criteria, the trial court may grant grandparents visitation if the court determines that visitation rights are in the best interest of the child. Similarly, third parties who helped raise the child may have legal standing to pursue custody and/or visitation.