Deciding on child custody arrangements can be challenging, even when both parents are seeking joint custody. In Indiana, joint custody arrangements ensure that both parents remain actively involved in their children’s lives, even after separation or divorce.

Knowing the ins and outs of joint custody is essential for Indiana parents dealing with the complicated issue of child custody. This guide explores the legal framework for joint custody in Indiana, how to file for joint custody, and what happens if one parent needs to relocate.

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Indiana Child Custody Laws

In Indiana, the child’s best interests are the cornerstone of all custody decisions. Indiana Code Title 31, Article 17 outlines the state’s laws on child custody, including joint custody arrangements.

Factors Considered by Indiana Courts

When determining custody arrangements, Indiana courts consider several factors, including:

  • The wishes of the child’s parents;
  • The child’s wishes, especially if they are of sufficient age and maturity;
  • The child’s relationship with each parent and any siblings;
  • The child’s adjustment to their home, school, and community;
  • The mental and physical health of all parties involved; and
  • Evidence of domestic violence or any other concerns affecting the child’s welfare.

Indiana courts prefer arrangements that enable both parents to maintain a meaningful relationship with the child to support the child’s well-being and development. Joint custody is preferred, but it requires effective cooperation and communication between both parents for it to work.

Understanding Joint Custody in Indiana

Depending on the circumstances and the best interests of the child factors, this may involve joint legal custody, joint physical custody, or a combination of both.

What Is Joint Legal Custody in Indiana?

Joint legal custody is a situation where both parents share decision-making authority over significant aspects of their child’s life. This includes decisions about education, healthcare, religious upbringing, and other essential matters. In this arrangement, both parents must collaborate and agree on these decisions, ensuring they have an equal say in their child’s future.

What Is Joint Physical Custody in Indiana?

Physical custody involves the child’s actual living arrangements. In Indiana, joint physical custody means the child resides with both parents for substantial periods, alternating between households. However, this does not always result in a perfect 50/50 division of time between the parents. The arrangement depends on the child’s best interests, considering factors like school location, the parents’ work schedules, and the child’s needs.

How to File for Joint Custody in Indiana

If you’re pursuing joint custody in Indiana, it’s necessary to understand the legal process. Filing for joint custody requires several steps, each pivotal in determining the final custody arrangement.

File a Petition

To begin the process, you must petition the court for joint custody. This petition should outline your reasons for requesting joint custody and provide evidence supporting your claim that joint custody is in the child’s best interests.

Serving the Other Parent

After the petition is filed, the other parent must be served with a copy of the petition and any accompanying documents. This allows them to respond to your request.

Attending Mediation

In many cases, Indiana courts require parents to attend mediation before proceeding to a hearing. Mediation allows both parents to discuss custody arrangements and reach an agreement outside of court. If the parents reach an agreement, they submit it to the court for approval.

Attending the Court Hearing

If mediation fails or is not required, the court will schedule a hearing to review the case. Both parents will present their arguments during the hearing, and the judge will consider all relevant factors before deciding.

Receiving Final Custody Order

After the hearing, the judge will issue a final custody order outlining the custody arrangement. If the judge grants joint custody, the order will detail joint legal and physical custody terms.

How Far Can a Parent Move with Joint Custody in Indiana?

Relocation can be a significant challenge in joint custody, as it may disrupt the child’s relationship with both parents. In Indiana, a parent with joint custody cannot simply move a significant distance away without taking specific steps.

Indiana Relocation Law

Under Indiana law, if a parent with joint custody wishes to move, they must notify the other parent and the court at least 30 days before the move. This notice must include the new address, reasons for the move, and a proposed revised custody or parenting time plan.

The other parent has the right to object to the move. Should an objection be raised, the court will hold a hearing to decide if the relocation is in the child’s best interests. The court will consider factors such as the distance of the move, the reasons for the move, and how the move will affect the child’s relationship with the other parent.

Joint Custody and Parenting Time in Indiana

Parenting time is an essential aspect of joint custody. Indiana’s Parenting Time Guidelines provide a framework for structuring parenting time to ensure the child maintains strong relationships with both parents.

What Are Some Examples of Joint Custody Splits in Indiana?

When parents share joint custody in Indiana, the court encourages parenting arrangements that allow both parents to remain actively involved in their child’s life. There’s no one-size-fits-all schedule, but several common custody splits are used depending on the family’s needs, the child’s age, and logistical factors like school and work schedules. Here are a few examples of how joint custody in Indiana might be structured, starting with 50/50 plans.

50/50 Splits

Alternating Weeks

One of the most straightforward arrangements for 50/50 custody in Indiana is the week-on/week-off schedule. The child lives with one parent for an entire week, then switches to the other parent the following week. While this setup offers extended, consistent time with each parent, it can be challenging for younger children or families who live far apart.

2-2-5-5 Schedule

In this arrangement, the child spends two days with one parent, two days with the other, then five days with the first parent and five with the second. This schedule repeats every two weeks and ensures the child never goes more than five days without seeing either parent.

3-4-4-3 Schedule

This is another equal-time split. The child spends three days with one parent, four with the other, then flips the following week. It’s often used for school-aged children who benefit from consistent weekday and weekend time with both parents.

Frequently Asked Questions About Joint Custody in Indiana

Is It Possible to Modify Joint Custody Arrangements in Indiana?

Joint custody arrangements can be modified if circumstances significantly change. The parent seeking to modify custody arrangements should petition the court and provide supporting evidence.

Can I Choose to Have Joint Custody on My Own?

No. A court order or both parents’ agreement is required for joint custody.

What Are the Consequences If One Parent Violates the Joint Custody Agreement?

Violations can lead to consequences, such as changes in custody arrangements or contempt of court charges.

Do Indiana Courts Favor Joint Custody?

Indiana courts often prefer joint custody arrangements, provided both parents can cooperate and communicate effectively to benefit the child.

How Long Does the Joint Custody Process Take in Indiana?

The length of the custody process can vary depending on the complexity of the case, your child’s needs, your lawyer’s experience, and the availability of court resources. However, reaching a final decision can take several months or even longer.

What Is the Role of a Child Custody Evaluator?

A child custody evaluator is a professional who assesses the parents’ parenting abilities and the child’s best interests. The court can use its findings to make a custody decision.

The Role of a Family Law Attorney in Joint Custody Cases

A family law attorney can provide invaluable assistance throughout the joint custody process. They can:

  • Explain your rights and options. Your attorney can help you understand the legal complexities of joint custody and your rights as a parent.
  • Negotiate custody agreements. They can help you negotiate with the other parent or their attorney to reach a mutually agreeable custody arrangement.
  • Represent you in court. If necessary, your attorney can represent you in court to advocate for your desired outcome.

Working with a skilled family law attorney can increase your chances of a positive outcome and protect your child’s interests.

Need Help with Joint Custody in Indiana? Contact Vantage Group Legal Services

Joint custody can be a complex and emotionally charged process, but you don’t have to navigate it alone. The experienced family law attorneys in Vantage Group Legal Services are here to provide the guidance, support, and representation you need to achieve a fair and effective custody arrangement. Whether you are for joint custody, dealing with relocation issues, or seeking a modification, we are committed to helping you secure the best possible outcome for you and your child. Contact us today to discuss your case.

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