Recently updated on May 14th, 2026 at 06:17 am

Prepare your documents for Divorce Emergency Custody in Indiana

This website helps prepare the forms required for Divorce Emergency Custody in Indiana

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine whether emergency custody within a divorce case is the right legal option for your situation, especially if immediate action is needed to protect a child.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a family law advocate or legal professional to get guidance on emergency custody during a divorce. If you are facing urgent concerns about your child’s safety or well-being, an advocate can help you understand your rights, review your situation, prepare necessary documents, and take immediate legal steps to seek temporary or emergency custody orders.

4. File with the Clerk

To request emergency custody during a divorce in Indiana, file a Petition for Dissolution of Marriage along with a request for emergency or temporary custody (often called a Motion for Emergency Custody or Temporary Restraining Order) with the Clerk of the Circuit or Superior Court in your county. Include the filing fee or request a fee waiver. The Clerk will open your case, assign a case number, and the court may review your emergency request quickly to decide on immediate custody arrangements to protect the child.

Process

Step 1

You: Take Online Screening

Begin your divorce with emergency custody process by taking the screening on LegalAtoms. Enter your ZIP code and answer a few focused questions about your situation, especially any urgent concerns regarding your child’s safety, along with details about your marriage, residency, property, and children. This screening helps determine whether filing for divorce with an emergency custody request in Indiana is appropriate and identifies the specific forms and steps required. LegalAtoms tailors the process to your county’s court rules. Before starting, gather key information such as your marriage date, your spouse’s details, any evidence supporting the emergency custody request, and your child’s information.

Step 2

You: Gather personal information and prepare the original petition for divorce, including a request for emergency custody if there are urgent concerns about your child’s safety or well-being.

Start by gathering all important information needed to complete your Indiana divorce filing with an emergency custody request, including:

Your full legal name and residence address
Your spouse’s full legal name and residence address
The date and place of your marriage
Information about any children of the marriage (names, birthdates, and addresses)
Details explaining the emergency situation affecting the child (including any supporting evidence)
A list of marital assets, debts, and any separate property claims

Next, obtain the official Petition for Dissolution of Marriage form from the Clerk of the Circuit or Superior Court in your county, along with any required motion for emergency or temporary custody. Complete all forms carefully, ensuring accuracy and clearly stating the urgent reasons for your custody request.

The documents must be signed and filed with the Clerk before your case can proceed. Keep copies of everything you file, including your emergency custody request and supporting documents, as you will need them throughout the process.

Step 3

You: Wait for the Clerk to process your divorce petition and emergency custody request, as the court may review urgent custody matters on an expedited basis.

After submitting your completed Petition for Dissolution of Marriage along with any emergency custody request to the Clerk of the Circuit or Superior Court, the Clerk’s office will process and officially record it in the court system. Processing times vary by county, but emergency custody filings may be reviewed more quickly by the court if immediate risk to a child is alleged.

Once accepted, your divorce case will be formally opened and assigned a case number, which you will need for all future filings, hearings, and correspondence. You may request plain or certified copies of the petition and emergency filings for your records, as they may be needed later in court or for related agencies.

If your filing is rejected due to missing information or incorrect forms, you will need to correct the issues and resubmit before your case can proceed.

Step 4

You: Create your divorce case with an emergency custody request on LegalAtoms to begin the filing process

Log in to your LegalAtoms account, or create one if you don’t have it. From your dashboard, click “Start New Case” and select Divorce with Emergency Custody (Indiana) as the case type. The platform will guide you step-by-step through entering required information, including:

Your full legal name and residence address
Your spouse’s full legal name and residence address
The date and place of your marriage
Information about any children of the marriage (names, birthdates, addresses)
Details supporting your emergency custody request, if applicable
A list of marital assets, debts, and any separate property claims

You can also upload supporting documents such as your marriage certificate, property records, and any child-related or emergency evidence. LegalAtoms helps ensure your petition is complete, accurate, and tailored to your county’s local court rules before you file it with the Clerk of the Circuit or Superior Court (or through e-filing, if available in your county).

Step 5

You: Receive Your Filed Petition and Certified Copies

Once your Petition for Dissolution of Marriage (and any emergency custody request) is accepted by the Clerk of the Circuit or Superior Court, it will be officially filed and entered into the court’s records. You can request a certified copy of the filed petition, which serves as official proof that your divorce case has been opened in Indiana.

Using Your Certified Petition:
A certified copy may be required to:

Serve your spouse with official notice of the divorce and any emergency custody filings
Provide proof of a pending case to employers, government agencies, or financial institutions
Submit with other court filings related to your divorce or custody requests
Support emergency or temporary custody proceedings if required by the court

Certified copies can be requested from the Clerk’s office at the time of filing or later if needed. It is strongly recommended to keep at least one certified copy, as plain photocopies may not be accepted for official or legal purposes.

Step 6

Wait for the Clerk’s Confirmation

After submitting your Petition for Dissolution of Marriage (and any emergency custody request), you must wait for the Clerk of the Circuit or Superior Court to officially record your filing and assign a case number. Processing times vary by county, but emergency-related filings may be reviewed more quickly if urgent circumstances are indicated.

During this waiting period, check your LegalAtoms dashboard for updates or notifications from the Clerk’s Office or court system. Once your petition is recorded, the Clerk will return the filed copy and make certified copies available upon request.

If your filing is complete and accurate, it will be accepted without issue. However, if required information, signatures, or emergency custody details are missing, the Clerk may reject the filing. You will need to correct the errors and resubmit before your Indiana divorce case can proceed.

Step 7

Receive your filed divorce petition (and any emergency custody filings, if included) from the Clerk of the Circuit or Superior Court and begin the formal court process.

Once the Clerk of the Circuit or Superior Court records your Petition for Dissolution of Marriage, your case becomes official, and the divorce process formally begins in Indiana. If your filing includes an emergency custody request, the court may also review that issue on an expedited basis depending on urgency.

LegalAtoms will guide you through requesting certified copies of your petition, which may be needed for important steps such as:

Serving your spouse with official notice of the divorce
Providing proof of your pending case to employers, agencies, or financial institutions
Supporting filings related to temporary or emergency custody orders
Filing additional court documents as your case progresses

If your filing is rejected, LegalAtoms will help you identify the issue—such as missing signatures or incomplete information—so you can correct and resubmit it quickly.

Once your case is active in the Indiana court system, you must complete all required steps, including properly serving your spouse and proceeding with any custody hearings if requested, before your divorce is legally finalized. There is no mandatory waiting period in Indiana, but at least one spouse must have lived in the state for six months before filing.

Step 8

Finalize and maintain your Divorce Decree with Emergency Custody Orders

Once your divorce with emergency custody matters included is finalized, the court will issue a Final Judgment of Dissolution of Marriage, which officially ends your marriage and sets out legally binding terms for property division, debts, child custody, support, and any other applicable orders, including custody decisions that may have originated as emergency or temporary orders.

LegalAtoms will notify you when your judgment is ready and guide you through requesting certified copies. These certified copies may be required for important tasks such as:

Updating your name on identification or legal documents
Adjusting property titles, bank accounts, or insurance policies
Providing proof of divorce and custody orders to government agencies or employers
Enforcing or documenting compliance with custody arrangements

If your judgment includes ongoing obligations such as child custody, parenting time, child support, or spousal maintenance, you must strictly comply with those terms. Emergency custody provisions, if continued or converted into final orders, remain legally enforceable unless modified by the court.

By keeping certified copies of your Final Judgment and following all custody and court-ordered terms, you help protect your rights and ensure your divorce and custody orders remain fully recognized under Indiana law.

FAQs

What is a Parenting Time Modification case?

What are valid reasons for requesting a Parenting Time Modification in Indiana?

What is the Parenting Time Modification process in Indiana?

The Parenting Time Modification process generally involves filing a Verified Petition to Modify Parenting Time or an Agreed Entry to Modify Parenting Time with the appropriate court, serving the other parent if required, attending any scheduled hearings, and asking the court to approve changes to the existing parenting time order based on a substantial change in circumstances and the child’s best interests.

How long does a Parenting Time Modification case take in Indiana?

What happens if your Parenting Time Modification filing is rejected in Indiana?

When will I hear back about my filing?

In Indiana, once you file your Parenting Time Modification documents with the Clerk of the Circuit or Superior Court, you will typically receive a response within a few business days, depending on the county and the court’s workload.

The Clerk will:

Review your filing to ensure the required documents are complete and any filing fee has been paid or a fee waiver has been properly submitted
File the documents into the existing case or assign a case number if necessary
Notify you — usually by mail, email, e-filing notice, or through the court’s online case system — when the filing has been officially accepted and recorded

If the filing requests contested changes to parenting time, the court may later schedule a hearing or mediation depending on the circumstances and local court procedures.

If you filed through LegalAtoms, you may also receive updates in your dashboard once the Clerk processes the Parenting Time Modification filing and related court documents.

Are there fees associated with filing a Parenting Time Modification case in Indiana?

Yes. Filing a Parenting Time Modification case may require payment of a filing fee charged by the Clerk of the Circuit or Superior Court. The amount can vary by county and whether the modification is filed within an existing case. If you cannot afford the filing costs, you may request a fee waiver by submitting the appropriate indigency or fee waiver forms to the court.

Where can I get help with a Parenting Time Modification case in Indiana?

Court Forms Created This website guides you through all the topics required to complete your Parenting Time Modification documents and file your case in Indiana.

Core Forms

Verified Petition To Modify Parenting Time With Agreement