Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody outcome.
For parents, this change increases transparency, raises the importance of evidence presented at custody hearings, and significantly impacts appeals. Understanding how findings of fact work—and how they shape custody decisions—is now essential for anyone involved in an Indiana custody or parenting time dispute.
What Changed in Indiana Custody Law?
In 2025, the Indiana General Assembly passed House Enrolled Act 1626 (HEA 1626), now codified at Indiana Code § 31‑17‑2‑8.2. The statute applies to final custody orders issued on or after July 1, 2025.
Under the new law:
- Trial courts must include written findings of fact and conclusions of law in any final order that:
- awards custody,
- modifies custody, or
- denies a custody modification.
- Appellate courts must also identify the specific facts relied upon when affirming or reversing a custody decision.
- Preliminary or provisional custody orders are excluded from this requirement.
What Are “Findings of Fact” in a Custody Case?
Findings of fact are the judge’s written statements explaining what facts the court believes are true based on the evidence presented.
In a custody case, findings of fact often address:
- the child’s relationship with each parent,
- each parent’s involvement in education, healthcare, and daily care,
- the child’s adjustment to home, school, and community,
- evidence related to stability, safety, or cooperation,
- any other statutory “best interests of the child” factors.
Before HEA 1626, judges could issue custody orders with little or no explanation. Now, the court must connect specific evidence to the custody decision in writing.
What Are “Conclusions of Law”?
Conclusions of law explain how the judge applied Indiana law to the facts.
In custody cases, this means the court must explain how the written facts support its determination of the child’s best interests, as required by Indiana law.
Why This Change Matters for Parents
1. You finally get an explanation
Parents are no longer left guessing why a custody decision went a certain way. The order must explain what evidence mattered and why.
2. Custody hearings matter more than ever
Because judges must now write detailed orders, the evidence presented at the final hearing is critical. Testimony, exhibits, and credibility directly affect what the judge can include in the written findings.
3. Appeals are more realistic
Written findings make it easier to identify:
- legal errors,
- unsupported factual conclusions, or
- failure to address required factors.
This improves the ability to pursue a meaningful appeal if a custody order is legally flawed.
Does This Law Apply to All Custody Cases?
No. The statute applies only to final custody orders, including:
- initial custody determinations,
- custody modifications, and
- appellate review of custody decisions.
It does not apply to:
- provisional custody orders,
- temporary or emergency custody rulings.
How This Changes Custody Strategy in Indiana
This law shifts custody litigation toward:
- clear evidentiary records,
- specific testimony tied to statutory factors, and
- focused presentation of facts the court must address in writing.
Parents should expect:
- more detailed final orders,
- potentially longer final hearings,
- greater emphasis on credibility and documentation.
What Parents Should Do Now
If you are:
- entering a custody case,
- seeking to modify custody, or
- considering an appeal,
it is critical to understand how findings of fact now control the outcome.
Under Indiana’s new custody law, what the judge writes down matters just as much as what happens in the courtroom.
Key Takeaway
Indiana’s new custody law requires courts to explain custody decisions in writing, tying evidence to the child’s best interests. This change increases transparency, accountability, and appellate review—but it also attaches much higher importance to how custody cases are prepared and presented.
Child custody cases can be a trying time for individuals. These types of proceedings are extremely fact sensitive, leading to confusion among many. Not to mention, these are very personal and emotional matters for people. When issues become so serious that court intervention is necessary, it may be helpful to seek the assistance of an attorney to help navigate through the process. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana and understand the significance of child custody cases and planning for the same. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.
