Is Indiana a mother’s state?

People often have the false belief that Indiana is a “mother’s state”. In other words, people believe that mothers go into court and have a better chance of having physical custody of the child than the father does. However, the Indiana statute regarding custody actually states the court is to consider both parents equally at the beginning of a custody determination. The reason mothers are frequently awarded primary physical custody is because the mother proves she has been the primary caregiver of the child during the marriage, and not that she had some presumption in her favor.

– Answered by Jaimie Cairns of Cairns & Rabiola

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