Indiana
Indiana Name Change Laws: How to Legally Change Your Name
Independently fact-checked against primary sources (last audited August 11, 2026). · Law checked current as of August 11, 2026. · 9 primary sources cited on this page. How we verify our legal content

Indiana grants name changes by petition in circuit, superior, or probate court, with two notice requirements that stack on top of each other rather than substitute for one another: newspaper publication is required in every case, and anyone with a felony conviction within the past 10 years must also separately notify local law enforcement and the state's criminal-history repository. That second requirement is easy to miss if a description of Indiana law frames it as an alternative to publication rather than an addition to it.
The Indiana Code also settles several things a reader might expect to be left to local practice. Venue, the sworn contents of an adult petition, and the base filing fee are all fixed by statute, and the petition-contents statute in particular imposes two requirements, an Indiana-issued identification number and proof of United States citizenship, that can stop a filing before it starts.
Information last verified on 2026-09-02. This article has not yet been reviewed by a licensed lawyer.
How to Legally Change Your Name in Indiana
Under IC 34-28-2-1, Indiana circuit courts, superior courts, and probate courts may change the names of natural persons on application by petition, except as limited by IC 34-28-2-1.5. Venue is not left to local practice: IC 34-28-2-2(a)(3) requires the petition to be filed with the circuit court, superior court, or probate court of the county in which the person resides. The Code attaches no minimum length of residence to that requirement, so it is a question of where you actually live, not how long you have lived there.
A petitioner who is at least 17 years old files under a stricter set of rules. IC 34-28-2-2(a)(2) requires that petition to be subscribed and sworn to, or affirmed, under the penalties of perjury and before a notary public or other person authorized to administer oaths. IC 34-28-2-2.5(a) then sets out what the petition must contain, at a minimum:
- The petitioner's date of birth.
- The petitioner's current residence address, and mailing address if it differs.
- A valid Indiana driver's license number, Indiana identification card number, or Indiana photo exempt identification card number.
- A list of all previous names used by the petitioner.
- Proof that the petitioner is a United States citizen.
- A statement concerning whether the petitioner holds a valid United States passport.
- A description of all felony convictions entered against the petitioner under the laws of any state or the United States.
Two items on that list are practical barriers rather than paperwork. The identification requirement is satisfied only by an Indiana-issued credential, so someone who has recently moved to Indiana and still carries another state's license will need to obtain an Indiana license or state identification card before the petition is complete. And the statute requires proof of United States citizenship, which on its face leaves no route for a noncitizen petitioner, including a lawful permanent resident; anyone in that position should get advice from an Indiana attorney about how their court handles the requirement before paying a filing fee. Petitions under this section are also subject to Indiana Rules of Court Administrative Rule 9, which governs public access to court records.
On cost, IC 33-37-4-4(a) directs the clerk to collect a civil costs fee of one hundred dollars ($100) from a party filing a civil action. Name-change petitions are not among the six kinds of proceedings that subsection exempts, which cover infraction and ordinance enforcement, juvenile matters, paternity, small claims, and actions described in IC 33-37-4-7. Subsection (b) requires the clerk to collect additional statutory fees where IC 33-37-5 makes them applicable, including document, document storage, automated record keeping, judicial salaries, and court administration fees. The practical result is that the amount collected at filing runs somewhat above $100 and varies by county, so confirm the current total with your clerk. Newspaper publication is a separate cost paid to the newspaper, not to the court.
Preparing an Indiana Name-Change Petition
Local forms vary by county, so start with the clerk of the circuit, superior or probate court where you will file. If you type the petition yourself, PDFelement is paid software that can fill in PDF forms, edit text and convert a Word draft into a PDF. An e-signature in PDFelement does not replace the oath: a petitioner 17 or older must still swear to the petition before a notary public or other person authorized to administer oaths, as IC 34-28-2-2(a)(2) requires.
See PDFelement FeaturesAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
Changing a Minor's Name in Indiana
A parent or guardian who wants to change a minor child's name files a verified petition that states in detail the reason the change is requested, under IC 34-28-2-2(b).
The consent requirement is the part most often left out of summaries of Indiana law. Except where a parent's consent is not required under IC 31-19-9, IC 34-28-2-2(b) requires that the written consent of a parent, or the written consent of the guardian if both parents are dead, be filed with the petition. That is a filing requirement, not something handled later at a hearing. Separately, IC 34-28-2-2(c) requires that the parents or guardian of the child be served with a copy of the petition as required by the Indiana trial rules before the child's name may be changed.
The published notice for a minor's petition must also carry specific content under IC 34-28-2-3(b): the name of the petitioner, the name of the minor whose name is to be changed, the new name desired, the court in which the action is pending, the date the petition was filed, and a statement that any person has the right to appear at the hearing and to file objections.
Timing and hearings are governed by IC 34-28-2-4. The court may not hear the petition and issue a final decree until 30 days after the later of the filing of proof of publication or the service of the petition on the parents or guardian. The court must set a hearing date if written objections have been filed, or if either parent or the guardian has refused or failed to give the written consent described above, and appropriate notice of that hearing must go to the parents or guardian and to anyone who filed objections.
In deciding a petition to change a minor's name, the court is guided by the best interest of the child standard in IC 31-17-2-8. IC 34-28-2-4(d) adds an express presumption in favor of a parent who has been making support payments and fulfilling other duties under a decree issued under IC 31-15, IC 31-16, or IC 31-17 and who objects to the proposed change. A paying, objecting parent therefore starts from a favored position, which is worth knowing before filing.

Restoring a Former Name After Divorce
Indiana handles divorce name restoration through IC 31-15-2-18, but the section is narrower than a general restoration provision. It is captioned Name change of woman, and subsection (b) provides that a woman who desires the restoration of her maiden or previous married name must set out the name she desires to be restored in her petition for dissolution as part of the relief sought, and that the court shall grant the name change upon entering the decree of dissolution. The request therefore belongs in the dissolution petition itself rather than in a separate name-change case.
Subsection (a) expressly excludes a lifetime sex or violent offender, whose restoration request is governed instead by IC 31-15-2-19. Under that section the court may not restore a previous married or unmarried name unless the offender sets out the name to be restored and provides written notice of intent to the local law enforcement authority in both the county of conviction and the county where the person resides. On proof that the notice was properly served, the court shall grant the petition.
A spouse whose situation is not covered by IC 31-15-2-18 still has the general route. IC 34-28-2-1 allows circuit, superior, and probate courts to change the name of any natural person on petition, subject to the venue, petition-contents, and publication rules described above.
Publication and Criminal-History Notice: Two Cumulative Requirements
IC 34-28-2-3(a)(1) requires notice of the petition to be given by three (3) weekly publications in a newspaper of general circulation published in the county in which the petition is filed. That means one publication a week for three weeks, not three publications inside a single week. If no newspaper is published in that county, notice goes in the newspaper published nearest to it in an adjoining county, and the last weekly publication must run not less than 30 days before the day the petition will be heard. Proof of publication is made under IC 34-28-2-4(a) by filing a copy of the published notice, verified by the affidavit of a disinterested person.
Separately, and in addition to publication, anyone with a felony conviction within the past 10 years must give notice at least 30 days before the hearing to the county sheriff, the prosecuting attorney, and Indiana's central repository for criminal-history information. These two requirements are cumulative, not alternatives to each other, so a petitioner with a recent felony conviction should expect to satisfy both.
The notice to the central repository must include the petitioner's full current name, requested name change, date of birth, address, physical description, and a full set of classifiable fingerprints, so it takes more preparation than a letter. The repository forwards any criminal records to the court, and a copy of the decree granting or denying the petition is sent to the Indiana State Police. Under IC 34-28-2-4(e), a petitioner required to give this notice must also certify to the court that the notice requirements were met. Failing to give the required criminal-history notice is a Class A misdemeanor.
Restrictions on Name Changes
Under IC 34-28-2-1.5, a person confined in a Department of Correction facility may not petition for a name change, nor may a person who is a lifetime sex or violent offender. This is narrower than a blanket bar on anyone required to register; it turns specifically on DOC confinement or lifetime registrant status. A sincerely held religious-belief exception exists, but it does not apply to a person currently required to register as a sex offender, and it requires written notice to law enforcement in both the county of conviction and the county of residence.

Marriage-Based Name Changes in Indiana
Indiana has no statute dedicated to a marriage-based name change. A spouse who wants to adopt a new name at marriage does so by custom, using the marriage certificate with agencies like the Social Security Administration and the DMV. See name change after marriage for the federal-level steps involved.
Related Indiana Records
For the marriage certificate or divorce decree that documents an Indiana name change, see Indiana marriage and divorce records. For how Indiana's court system handles filings generally, see Indiana court records. For the broader dissolution process, see Indiana divorce laws. For the full agency-by-agency update checklist once a name change is granted, see the name change checklist.
Disclaimer
This article provides general information about Indiana name-change law. It is not legal advice and does not create an attorney-client relationship. Court fees, local forms, and filing practices vary by county and change over time, and how a particular court applies the petition-contents requirements can vary as well, so confirm current details with the clerk of your circuit, superior, or probate court, or with a licensed Indiana attorney, before relying on anything here for a specific situation.

Last updated: 2026-09-02. Statutory requirements verified against the current Indiana Code as published by the Indiana General Assembly.
Frequently Asked Questions
Which Indiana court do I file a name-change petition in?
IC 34-28-2-2(a)(3) requires the petition to be filed with the circuit court, superior court, or probate court of the county in which you reside. The Code sets no minimum length of residence, so what matters is where you actually live when you file.
Does Indiana require newspaper publication for a name change?
Yes. IC 34-28-2-3(a)(1) requires three weekly publications in a newspaper of general circulation published in the county where the petition is filed, meaning once a week for three weeks rather than three times in one week. The last publication must run at least 30 days before the hearing.
What does an Indiana name-change petition have to include?
For a petitioner at least 17 years old, IC 34-28-2-2.5 requires the date of birth, current residence and mailing address, a valid Indiana driver's license, Indiana identification card, or Indiana photo exempt identification card number, all previous names used, proof of United States citizenship, a statement about whether the petitioner holds a valid United States passport, and a description of every felony conviction. The petition must be sworn under penalties of perjury before a notary.
How much does an Indiana name change cost?
IC 33-37-4-4(a) sets a civil costs fee of one hundred dollars ($100) for filing a civil action, and name-change petitions are not among the six exceptions listed there. Subsection (b) adds the statutory IC 33-37-5 fees, such as document, document storage, automated record keeping, judicial salaries, and court administration fees, so the total collected at filing runs somewhat above $100 and varies by county. Newspaper publication is a separate cost paid to the newspaper. Confirm the current total with your clerk.
Do both parents have to consent to a minor's name change in Indiana?
IC 34-28-2-2(b) requires the written consent of a parent, or of the guardian if both parents are dead, to be filed with the petition, except where a parent's consent is not required under IC 31-19-9. Both parents or the guardian must also be served with the petition. If a parent or guardian refuses or fails to consent, or written objections are filed, IC 34-28-2-4(c) requires the court to set a hearing.
If I have a felony conviction, do I publish notice or notify the sheriff for an Indiana name change?
Both. Publication is required in every case. A felony conviction within the past 10 years adds a separate, additional requirement to notify the county sheriff, the prosecuting attorney, and the state criminal-history repository at least 30 days before the hearing, and IC 34-28-2-4(e) requires you to certify that compliance to the court. Failing to give that additional notice is a Class A misdemeanor.
Can a sex offender change their name in Indiana?
Not if confined in a Department of Correction facility or classified as a lifetime sex or violent offender. A religious-belief exception exists but does not apply to a person currently required to register as a sex offender.
How do I get my maiden name back after an Indiana divorce?
Request it directly in your petition for dissolution. IC 31-15-2-18, captioned Name change of woman, provides that a woman who sets out the name she wishes restored as part of the relief sought receives the name change when the court enters the decree of dissolution. That section does not apply to a lifetime sex or violent offender, whose request is governed by IC 31-15-2-19.
Updates
Corrected the publication rule to three weekly publications (once a week for three weeks, not three times per week) and replaced the page’s unverified disclaimers with the statutory venue, filing-fee, adult petition-contents, and minor-consent and hearing requirements from the Indiana Code.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Indiana Code, TITLE 34. CIVIL LAW AND PROCEDURE
§ 34-28-2-1Petition to courtIn force
Sec. 1. Except as provided in section 1.5 of this chapter, the circuit courts, superior courts, and probate courts in Indiana may change the names of natural persons on application by petition. [Pre-1998 Recodification Citation: 34-4-6-1.]
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at iga.in.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Leone v. COM'R, BUREAU OF MOTOR VEHICLES (Indiana Supreme Court 2010, 933 N.E.2d 1244)“…urposes. Id., 262 Ind. at 152–53, 312 N.E.2d at 859–60; see Ind. Code § 34-28-2-1 (2008). We therefore concluded that it…”
- Johnson v. Parkview Health Systems, Inc. (Indiana Court of Appeals 2004, 801 N.E.2d 1281)“…ly brought under the Child Wrongful Death Statute ("CWDS"), Ind.Code § 34-28-2-1 (Burns Code Ed. Repl.1998), and that Pa…”
- IN RE THE NAME CHANGE OF JANE DOE (Indiana Court of Appeals 2020)“…Supreme Court in Leone and Hauptly, is reflected in I.C. § 34-28-2-1, which broadly provides: “Excep…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 34-28-2-3Notice of petitionIn force
Sec. 3. (a) Upon filing a petition for a name change, the applicant shall give notice of the petition as follows: (1) By three (3) weekly publications in a newspaper of general circulation published in the county in which the petition is filed in court. (2) If no newspaper is published in the county in which the petition is filed, the applicant shall give notice in a newspaper published nearest to that county in an adjoining county. (3) The last weekly publication shall be published not less than thirty (30) days before the day the petition will be heard as indicated in the notice. (b) In the case of a petition described in section 2(b) of this chapter, the notice required by this section must include the following: (1) The name of the petitioner. (2) The name of the minor child whose name is to be changed. (3) The new name desired. (4) The name of the court in which the action is pending. (5) The date on which the petition was filed. (6) A statement that any person has the right to appear at the hearing and to file objections.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- In re the Name Change of A.L. and In re the Name Change of L.S. (Indiana Court of Appeals 2017, 81 N.E.3d 283)“…blished in the county where the petition was filed. Ind. Code § 34-28-2-3(a). Except for Administrative R…”
- In Re the Change of Name of Fetkavich (Indiana Court of Appeals 2006, 855 N.E.2d 751)“…require notice of the name change petition by publication. Ind.Code § 34-28-2-3(a) through -(c). The published notice s…”
- In the Matter of the Name Change of M.E.B., M.E.B. (Indiana Court of Appeals 2019, 126 N.E.3d 932)“…obtaining a name change pursuant to I.C. 34-28-2-3. 12. In [M.B.’s] p…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 34-28-2-1.5Persons prohibited from changing name; exception for religious beliefIn force
Sec. 1.5. (a) The following definitions apply throughout this section: (1) "Lifetime sex or violent offender" means a person convicted of an offense that currently requires a person to register as a sex or violent offender for life under IC 11-8-8-19, regardless of the date the conviction was entered against the person or whether the person was or is required to register as a sex offender for life. (2) "Local law enforcement authority" has the meaning set forth in IC 11-8-8-2. (b) A person may not petition for a change of name under this chapter if the person: (1) is confined to a department of correction facility; or (2) except as provided in subsection (c), is a lifetime sex or violent offender. (c) This subsection does not apply to a person who is currently required to register as a sex offender. Notwithstanding subsection (b), a person may petition for a change of name based on a sincerely held religious belief. (d) A person described in subsection (c) shall provide written notice of the petition for name change to the local law enforcement authority in the: (1) county of conviction; and (2) county where the person resides.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- In Re: The Name Change of Cory M. Wallace (Indiana Court of Appeals 2024)“…hearing, “and due to public policy in conjunction with I.C. § 34-28-2-1.5,” dismissed Wallace’s petition b…”
- IN RE THE NAME CHANGE OF JANE DOE (Indiana Court of Appeals 2020)“…facility” or “is a lifetime sex or violent offender.” I.C. § 34-28-2-1.5(b). Doe and R.A.C. do not fall…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 34-28-2-2Filing petition; procedure for change of name of minorIn force
Sec. 2. (a) The petition described in section 1 of this chapter must: (1) if applicable, include the information required by section 2.5 of this chapter; (2) in the case of a petition filed by a person described in section 2.5 of this chapter, be subscribed and sworn to (or affirmed): (A) under the penalties of perjury; and (B) before a notary public or other person authorized to administer oaths; and (3) be filed with the circuit court, superior court, or probate court of the county in which the person resides. (b) In the case of a parent or guardian who wishes to change the name of a minor child, the petition must be verified, and it must state in detail the reason the change is requested. In addition, except where a parent's consent is not required under IC 31-19-9, the written consent of a parent, or the written consent of the guardian if both parents are dead, must be filed with the petition. (c) Before a minor child's name may be changed, the parents or guardian of the child must be served with a copy of the petition as required by the Indiana trial rules. [Pre-1998 Recodification Citation: 34-4-6-2.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- In Re the Name Change of John William Resnover and In Re the Name Change of John Arthur Herron (Indiana Court of Appeals 2012, 979 N.E.2d 668)“…de the information required by section 2.5 of this chapter; I.C. § 34-28-2-2 (emphasis added). Seizing on the “if ap…”
- IN RE THE NAME CHANGE OF JANE DOE (Indiana Court of Appeals 2020)“…1 Seizing on the “if applicable” language of I.C. § 34-28-2-2, Herron asserts that this la…”
- In Re the Change of Name of Fetkavich (Indiana Court of Appeals 2006, 855 N.E.2d 751)“…n consent of a parent ... must be filed with the petition." Ind.Code § 34-28-2-2(b). "Before a minor child's name may be…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 34-28-2-2.5Contents of petitionIn force
Sec. 2.5. (a) If a person petitioning for a change of name under this chapter is at least seventeen (17) years of age, the person's petition must include at least the following information: (1) The person's date of birth. (2) The person's current: (A) residence address; and (B) if different than the person's residence address, mailing address. (3) The person's valid: (A) Indiana driver's license number; (B) Indiana identification card (as described in IC 9-24-16) number; or (C) Indiana photo exempt identification card (as described in IC 9-24-16.5) number. (4) A list of all previous names used by the person. (5) Proof that the person is a United States citizen. (6) A statement concerning whether the person holds a valid United States passport. (7) A description of all judgments of criminal conviction of a felony under the laws of any state or the United States that have been entered against the person. (b) A petition under subsection (a) is subject to Indiana Rules of Court Administrative Rule 9.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- In Re the Name Change of John William Resnover and In Re the Name Change of John Arthur Herron (Indiana Court of Appeals 2012, 979 N.E.2d 668)“…d States that have been entered against the person. I.C. § 34-28-2-2.5(a). Thus, Indiana Code section…”
- IN RE THE NAME CHANGE OF JANE DOE (Indiana Court of Appeals 2020)“…ted States citizens. Believing it was constrained by I.C. § 34-28-2-2.5(a)(5), however, the trial court denied…”
- In re the Name Change of A.L. and In re the Name Change of L.S. (Indiana Court of Appeals 2017, 81 N.E.3d 283)“…t to Indiana Rules of Court Administrative Rule 9.” I.C. § 34-28-2-2.5(b). We must determine, therefore, wheth…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 34-28-2-4Proof of publication; time of hearing; notice requirements; determination on petitionIn force
Sec. 4. (a) Proof of the publication required in this chapter is made by filing a copy of the published notice, verified by the affidavit of a disinterested person, and when proof of publication is made, the court shall, subject to the limitations imposed by subsections (b), (c), and (d), proceed to hear the petition and make an order and decree the court determines is just and reasonable. (b) In the case of a petition described in section 2(b) of this chapter, the court may not hear the petition and issue a final decree until after thirty (30) days from the later of: (1) the filing of proof of publication of the notice required under subsection (a); or (2) the service of the petition upon the parents or guardian of the minor child. (c) In the case of a petition described in section 2(b) of this chapter, the court shall set a date for a hearing on the petition if: (1) written objections have been filed; or (2) either parent or the guardian of the minor child has refused or failed to give written consent as described in section 2(b) of this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2017
Opinions citing this section in our collection:
- Daisy v. Sharp (Indiana Court of Appeals 2009, 901 N.E.2d 627)“…d (2) objects to the proposed name change of the child. Ind.Code § 34-28-2-4(d). For the presumption to apply, Fathe…”
- In Re HMC (Indiana Court of Appeals 2007, 876 N.E.2d 805)“…by the best interest of the child rule under IC XX-XX-X-X." Ind.Code § 34-28-2-4(d). Section 31-17-2-8 provides in perti…”
- Swadner v. Swadner (Indiana Court of Appeals 2008, 897 N.E.2d 966)“…est interest of the child rule under” Ind.Code § 31-17-2-8. Ind.Code § 34-28-2-4(d) (1999) (emphasis added); see also I…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Indiana Code, TITLE 31. FAMILY LAW AND JUVENILE LAW
§ 31-15-2-18Name change of womanIn force
Sec. 18. (a) This section does not apply to a lifetime sex or violent offender. (b) A woman who desires the restoration of her maiden or previous married name must set out the name she desires to be restored to her in her petition for dissolution as part of the relief sought. The court shall grant the name change upon entering the decree of dissolution. [Pre-1997 Recodification Citation: 31-1-11.5-18.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2010
Opinions citing this section in our collection:
- Leone v. COM'R, BUREAU OF MOTOR VEHICLES (Indiana Supreme Court 2010, 933 N.E.2d 1244)“…08); Ind. Code § 16-37-2-15; Ind. Code § 31-19-11-4 (2008); Ind. Code § 31-15-2-18. 10 Before 1851, one could acquire offi…”
- D.L.D. v. L.D. (Indiana Court of Appeals 2009, 911 N.E.2d 675)“…e his right to a final hearing and none was conducted. See Ind. Code § 31-15-2-18 . *681 A Trial Rule 60(B) motion is…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 31-15-2-19Name change by lifetime sex or violent offenderIn force
Sec. 19. (a) This section applies to a lifetime sex or violent offender. (b) The court may not issue an order restoring the previous married or unmarried name of a lifetime sex or violent offender unless all of the following conditions are met: (1) The lifetime sex or violent offender sets out the name the offender wishes to be restored. (2) The lifetime sex or violent offender provides written notice of intent to restore the previous married or unmarried name to the local law enforcement authority in the: (A) county of conviction; and (B) county where the person resides. (c) Upon proof that the notice described in subsection (b)(2) has been properly served, the court shall grant the petition to restore the previous name. (d) Nothing in this section limits, alters, or affects the authority of the court to enter a dissolution decree as provided in this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
§ 31-17-2-8Custody orderIn forcecited in 2 of our articles
Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following: (1) The age and sex of the child. (2) The wishes of the child's parent or parents. (3) 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. (4) The interaction and interrelationship of the child with: (A) the child's parent or parents; (B) the child's sibling; and (C) any other person who may significantly affect the child's best interests. (5) The child's adjustment to the child's: (A) home; (B) school; and (C) community. (6) The mental and physical health of all individuals involved. (7) Evidence of a pattern of domestic or family violence by either parent. (8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.
Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at iga.in.gov
Cited in 248 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Applied through the modification statute, Williamson v. Williamson (2005) treated a deteriorated parent-child relationship under factor (4) as a substantial change. In Re: The Marriage of Ann (Sutton) Baker v. Milo Sutton (2014) gave a fifteen-year-old's preference more consideration under factor (3).
Opinions citing this section in our collection:
- Williamson v. Williamson (Indiana Court of Appeals 2005, 825 N.E.2d 33)✓A 17 year old's custody moved from father to mother after their relationship deteriorated. The Indiana Court of Appeals applied the section 31-17-2-8 factors and affirmed, noting his wishes alone could not support the change but the worsened father son bond did.
- In Re: The Marriage of Ann (Sutton) Baker v. Milo Sutton (Indiana Court of Appeals 2014, 16 N.E.3d 481)✓A 15 year old told the judge in camera he wanted to live with his father, whose interests he had come to share. The Indiana Court of Appeals affirmed the switch, holding section 31-17-2-8 (3) gives more weight to the wishes of a child at least 14, reinforced by other factors.
- In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell (Indiana Court of Appeals 2013, 993 N.E.2d 205)✓A father contested sole custody of his 11 year old biological son, whom the mother had adopted, going to her. The Indiana Court of Appeals affirmed, noting the trial court worked through each section 31-17-2-8 best interest factor on conflicting evidence it would not reweigh.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Indiana Child Custody Laws (2026): How Courts Decide, Best Interests, and Your Rights
Indiana Code, TITLE 33. COURTS AND COURT OFFICERS
§ 33-37-4-4Civil costs fee; additional feesIn force
Sec. 4. (a) The clerk shall collect a civil costs fee of one hundred dollars ($100) from a party filing a civil action. This subsection does not apply to the following civil actions: (1) Proceedings to enforce a statute defining an infraction under IC 34-28-5 (or IC 34-4-32 before its repeal). (2) Proceedings to enforce an ordinance under IC 34-28-5 (or IC 34-4-32 before its repeal). (3) Proceedings in juvenile court under IC 31-34 or IC 31-37. (4) Proceedings in paternity under IC 31-14. (5) Proceedings in small claims court under IC 33-34. (6) Proceedings in actions described in section 7 of this chapter. (b) In addition to the civil costs fee collected under this section, the clerk shall collect the following fees, if they are required under IC 33-37-5: (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4). (2) A support and maintenance fee (IC 33-37-5-6). (3) A document storage fee (IC 33-37-5-20). (4) An automated record keeping fee (IC 33-37-5-21). (5) A public defense administration fee (IC 33-37-5-21.2). (6) A judicial insurance adjustment fee (IC 33-37-5-25). (7) A judicial salaries fee (IC 33-37-5-26).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Jones v. Ramos (District Court, N.D. Indiana 2020)“…of what federal procedure requires. Cf. 28 U.S.C. § 1914; Ind. Code 33-37-4-4(a). If a plaintiff attempting to file…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 33-37-4-7Probate costs fee; additional feesIn force
Sec. 7. (a) Except as provided under subsection (c), the clerk shall collect from the party filing the action a probate costs fee of one hundred twenty dollars ($120) for each action filed under any of the following: (1) IC 29 (probate). (2) IC 30 (trusts and fiduciaries). (b) In addition to the probate costs fee collected under subsection (a), the clerk shall collect from the party filing the action the following fees, if they are required under IC 33-37-5: (1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4). (2) A document storage fee (IC 33-37-5-20). (3) An automated record keeping fee (IC 33-37-5-21). (4) A public defense administration fee (IC 33-37-5-21.2). (5) A judicial insurance adjustment fee (IC 33-37-5-25). (6) A judicial salaries fee (IC 33-37-5-26). (7) A court administration fee (IC 33-37-5-27). (8) A pro bono legal services fee (IC 33-37-5-31). (c) A clerk may not collect a court costs fee for the filing of the following exempted actions: (1) Petition to open a safety deposit box. (2) Filing an inheritance tax return, unless proceedings other than the court's approval of the return become necessary.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at iga.in.gov
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Sources and References
- Indiana Code § 34-28-2-1, Petition for Change of Name(iga.in.gov).gov
- Indiana Code § 34-28-2-3, Publication of Notice(iga.in.gov).gov
- Indiana Code § 34-28-2-1.5, Persons Ineligible for Name Change(iga.in.gov).gov
- Ind. Code § 31-15-2-18(iga.in.gov).gov
- Indiana Code § 34-28-2-2, Filing Petition; Procedure for Change of Name of Minor(iga.in.gov).gov
- Indiana Code § 34-28-2-2.5, Contents of Petition(iga.in.gov).gov
- Indiana Code § 34-28-2-4, Proof of Publication; Time of Hearing; Notice Requirements; Determination on Petition(iga.in.gov).gov
- Indiana Code § 33-37-4-4, Civil Costs Fee; Additional Fees(iga.in.gov).gov
- Indiana Code § 31-15-2-19, Name Change by Lifetime Sex or Violent Offender(iga.in.gov).gov