southern
indiana
Child custody disputes are among the most emotionally charged and legally complex matters that families confront during a divorce or separation. For many fathers, the question of obtaining full custody, meaning both sole physical custody and sole legal custody, can be fraught with uncertainty, misunderstanding, and outdated assumptions.
As a trusted family law firm, Mattox & Wilson understands how important it is for parents to receive accurate information grounded in Indiana law. Our family law practice serves clients in New Albany, Floyd County, and Harrison counties. This article provides an in-depth discussion of how Indiana courts evaluate custody cases, what “full custody” means under state law, and the circumstances under which a father may be awarded full custody.
Are you a father who would like to seek full custody in Indiana? Call our office at 812-944-8005 to schedule a consultation with an experienced New Albany divorce and child custody attorney.
Indiana law recognizes two distinct forms of custody: legal custody and physical custody. In every custody determination, Indiana courts prioritize the best interests of the children involved.
When people refer to “full custody,” they generally mean that one parent has both sole legal custody and sole physical custody.
Indiana courts decide custody matters using a gender-neutral standard focused on the best interest of the child. Judges are required to evaluate several statutory factors rather than relying on gendered assumptions about parental roles.
Under Indiana law, courts consider factors such as:
These factors are specifically designed to protect the welfare of children in custody cases and ensure their needs and best interests are prioritized.
No single factor controls the outcome. Instead, judges weigh all relevant evidence to determine what custody arrangement best supports the child’s overall well-being.
Historically, mothers were more often granted full custody over fathers, but this has changed in modern times. Indiana law does not favor mothers over fathers in custody disputes. Courts are prohibited from basing custody decisions on a parent’s gender. As such, fathers and mothers begin custody cases on equal legal footing.
Although outdated perceptions may still exist, Indiana courts focus on parenting ability, involvement, stability, and the child’s needs, not whether a parent is the child’s mother or father.
While every custody case is fact-specific, certain considerations frequently play an important role when a father seeks full custody. The role of a spouse is central in custody determinations, especially during divorce or the dissolution of marriage. The end of a marriage can significantly impact custody arrangements, requiring careful legal consideration to protect the rights and interests of both parents and children.
If you are a father worried about your chances of getting a fair legal outcome and you think full custody might be appropriate for your case, our experienced New Albany divorce lawyers can walk you through the following considerations to help build your case:
Courts look closely at which parent has been actively involved in the child’s daily life. Evidence of attending school activities, managing medical care, assisting with homework, and participating in routine parenting responsibilities such as getting the child ready for school and preparing their meals can be significant.
Judges consider whether a parent can provide a stable, consistent home environment. This includes housing, employment, daily schedules, and the ability to meet the child’s emotional and physical needs.
Courts favor parents who demonstrate a willingness to foster a healthy relationship between the children and the other parent, prioritizing the children’s best interests and well-being, when it is safe and appropriate to do so.
If the children are mature enough to express a reasoned preference, the court may consider their views as part of the overall analysis.
Any evidence of substance abuse, untreated mental health conditions, neglect, or domestic violence will be closely examined and may significantly impact custody decisions, as courts prioritize the health and safety of the children involved.
A father may be granted full custody when the evidence shows that doing so is in the best interests of the children, as the court’s primary concern is always the welfare of the children. Circumstances that may support an award of full custody include:
Indiana courts focus on protecting the welfare of the children rather than punishing or rewarding either parent.
There is no fixed percentage or predictable formula for determining the likelihood that a father will receive full custody. Each case depends on its unique facts and evidence.
That said, fathers who can show consistent involvement, a stable living environment, and a child-focused approach to parenting may obtain full custody when circumstances support it. Indiana’s custody laws are structured to evaluate parents equally and fairly, with the primary goal of ensuring the best outcome for the children involved.
No. Indiana law requires custody decisions to be based on the child’s best interests, without regard to gender.
Yes. Once paternity is legally established, an unmarried father may request custody and parenting time. Fathers can seek full custody if circumstances warrant it. Each case is unique, requiring careful consideration of the circumstances.
Sole custody gives one parent decision-making authority or primary physical care, while joint custody involves shared responsibilities.
A child’s wishes may be considered, especially if the child is fourteen or older, but they are not controlling.
Yes. Custody may be modified if there is a substantial change in circumstances and the modification serves the child’s best interests. Custody orders can be resolved or modified as circumstances change to ensure the best outcome for the child.
Yes. Parenting time can influence child support calculations under Indiana guidelines.
Fathers in southern Indiana should document involvement, maintain stability, and seek guidance from a New Albany custody attorney to find the best solution for their situation. Working with an attorney whose practice focuses on family law ensures a zealous approach to achieving the most favorable outcome.
Custody decisions can shape a child’s future and a parent’s relationship with their child for years to come. If you are concerned about your custody rights or are considering pursuing full custody, legal guidance from an experienced child custody lawyer is critical.
Mattox & Wilson is a New Albany family law firm with a practice focused on handling a variety of family law cases, including child custody, parenting time, and other family law matters. Our family law lawyers provide personalized service to help you understand your options and protect your rights under Indiana law. Our office is conveniently located in New Albany, and we proudly serve clients throughout Floyd County and Harrison counties.
Contact Mattox & Wilson today to discuss your family law case and learn how we can assist with child custody issues.