Indiana Joint Legal Custody: When is it Not Awarded?
When parents separate, custody decisions can become complex, especially when one parent seeks sole legal custody. Indiana law generally favors both parents having a role in decision-making for their children, but that isn’t always possible. The case of Wells v. Wells illustrates the key factors that can lead a court to deny joint legal custody.
In this case, the Indiana Court of Appeals upheld a trial court’s decision to award sole legal custody to the mother, despite the father’s request for joint custody. The ruling highlights critical issues such as parental cooperation, involvement, and geographic distance.
If you're seeking joint legal custody in Indiana, understanding this case can help you strengthen your case and avoid common pitfalls.
Understanding Joint Legal Custody in Indiana
What Is Joint Legal Custody?
Joint legal custody means that both parents share the responsibility of making important decisions regarding their child's upbringing, including education, healthcare, and religious upbringing. However, joint custody requires that both parents can cooperate and communicate effectively.
What Factors Do Courts Consider?
Indiana courts evaluate multiple factors when determining whether joint legal custody is in a child's best interests, as outlined in Indiana Code § 31-17-2-15:
The ability of parents to communicate and cooperate in advancing the child’s welfare.
Each parent’s involvement in the child’s life and the established relationship.
The physical and emotional environment in each parent’s home.
The geographical proximity between parents.
The fitness and suitability of both parents to make decisions together.
If these factors indicate that joint custody would not serve the child’s best interests, the court may award sole legal custody to one parent.
Lessons from Wells v. Wells: Why the Court Denied Joint Legal Custody
1. Lack of Consistent Parental Involvement
In Wells v. Wells, the father had limited contact with the children. The court noted that he had not taken proactive steps to stay involved, even when opportunities—such as virtual visits and video calls—were available.
➡ Lesson: If you’re seeking joint legal custody, you must demonstrate consistent involvement in your child’s life. Courts look for active participation, including attending school events, doctor’s appointments, and maintaining regular communication.
2. Inability to Cooperate and Communicate
While both parents were deemed “fit and suitable,” the trial court found that they were not able to effectively co-parent and communicate about important matters regarding the children.
➡ Lesson: Courts expect parents to collaborate on major decisions. If you are pursuing joint custody, maintaining civil communication and working together with the other parent is crucial.
3. Geographic Distance as a Barrier
The father lived in the Bahamas, while the mother and children resided in Indiana. This significant geographical separation made joint decision-making difficult and further limited the father’s ability to participate in daily parenting decisions.
➡ Lesson: If parents live far apart, joint legal custody becomes less practical. Courts want both parents to be available for timely decision-making. Relocating closer or demonstrating a clear plan to stay engaged despite the distance may help your case.
4. Prior Delays in Taking Responsibility
The court also cited the father’s delays in preparing for the children’s relocation as evidence that he had not demonstrated reliability in decision-making. The mother had raised concerns about the father’s failure to complete necessary tasks before the birth of the children.
➡ Lesson: If a parent has a history of failing to follow through on responsibilities, it can weaken their case for joint legal custody. Demonstrating reliability and prompt action in co-parenting matters is essential.
How to Strengthen Your Case for Joint Legal Custody
If you want joint legal custody, consider the following steps to improve your chances:
✔ Show a history of involvement. Regularly participate in your child's education, medical care, and extracurricular activities.
✔ Improve communication with the other parent. Demonstrate a willingness to co-parent effectively.
✔ Stay close in location if possible. Being in the same city or region as the other parent makes joint custody more feasible.
✔ Take initiative in parenting responsibilities. Keep up with tasks such as medical appointments, school meetings, and childcare decisions.
✔ Work with an experienced family law attorney. They can help you present a strong case and avoid common mistakes that could lead to sole custody for the other parent.
Final Thoughts
The Wells v. Wells case reinforces that joint legal custody is not guaranteed—courts will deny it if parents cannot communicate effectively or if one parent lacks consistent involvement. If you’re seeking joint custody, take proactive steps to demonstrate cooperation, responsibility, and a commitment to your child’s well-being.
Need Help with a Custody Case in Indiana?
If you’re facing a custody dispute and want to fight for joint legal custody, our team at [Your Law Firm] can help. Contact us today for a consultation at (317) 759-3225.
