How Does Joint Custody Work in Indiana?
When parents separate or divorce, child custody becomes one of the most important legal decisions. In Indiana, joint custody allows both parents to stay actively involved in their child's life, ensuring that major decisions and parenting responsibilities are shared. However, joint custody can take different forms, and courts always prioritize the child's best interests when determining custody arrangements.
At Vining Legal, we help Indiana parents navigate custody laws and create parenting plans that work best for their families. Here’s what you need to know about joint custody in Indiana.
Types of Custody in Indiana
Indiana law recognizes two primary types of custody:
✔ Legal Custody – The right to make major decisions about the child's upbringing, including education, healthcare, and religious affiliation.
✔ Physical Custody – Determines where the child lives and which parent provides day-to-day care.
🚨 Key Point: Joint custody does not always mean a 50/50 split. One parent may still have primary physical custody while both parents share legal custody.
🔗 Related Read: Indiana Joint Custody Laws: A Comprehensive Guide
How Indiana Courts Decide Custody
When determining joint custody, courts consider multiple factors to decide what arrangement serves the child’s best interests, including:
✔ Each parent’s ability to cooperate and communicate about the child’s needs.
✔ The child’s relationship with each parent.
✔ The physical and mental health of both parents.
✔ The child’s adjustment to school, home, and community.
✔ Any history of domestic violence or neglect.
🚨 Key Point: If parents have a history of conflict or struggle to co-parent, the court may hesitate to award joint custody.
🔗 Related Read: Understanding How Indiana Courts Determine the Best Interests of a Child
Common Joint Custody Arrangements in Indiana
| Custody Schedule | Description |
|---|---|
| 50/50 Custody | The child spends equal time with each parent, often alternating weeks or using a 2-2-5-5 schedule. |
| 60/40 Custody | One parent has the child 60% of the time, while the other has 40%. Often used when parents live in different school districts. |
| Parenting Time with Primary Custodian | One parent has primary custody, while the other has weekends, holidays, and extended summer visits. |
🚨 Key Point: Parents can agree on a schedule, but if they cannot reach an agreement, the court will decide based on what benefits the child the most.
Does Joint Custody Affect Child Support?
Even in joint custody arrangements, child support may still be required based on:
✔ Each parent’s income.
✔ The number of overnight stays with each parent.
✔ Additional expenses like healthcare, school fees, and childcare.
🚨 Key Point: The more equal the custody split, the less child support may be required, but it does not eliminate financial responsibilities for the child.
Can a Custody Order Be Modified?
Yes! Custody modifications may be requested if significant changes occur, such as:
✔ One parent moving far away.
✔ A parent failing to follow the custody order.
✔ A change in the child’s needs (education, health, or emotional well-being). ✔ A parent’s work schedule making it difficult to follow the original order.
🚨 Key Point: Courts will only modify custody if they believe it is in the child's best interests and there has been a significant change in circumstances.
🔗 Related Read: When Will a Judge Change Custody in Indiana? Understanding Custody Modifications
Need Help with Custody? Contact Vining Legal Today.
At Vining Legal, we:
✔ Help parents establish joint custody agreements.
✔ Advocate for fair parenting time schedules.
✔ Assist with custody modifications and enforcement.
📞 Call or text (317) 759-3225 to schedule your consultation today. Let’s protect your parental rights and secure the best outcome for your child.
Or, use our online consultation form to get started now.
