Joint Custody Laws in Indiana
Joint custody gives both parents a right to spend time with the child and make important decisions on the child's behalf. Indiana custody laws set the legal standard for awarding custody and establish a guideline schedule for parenting time, also known as visitation.
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In a joint custody arrangement, the two parents typically receive joint legal custody and share equal rights to make parenting decisions. One parent, however, generally provides the child with a primary residence while the other parent receives parenting time. Indiana Legal Services warns parents that joint custody does not necessarily mean an exact 50 percent split in time spent with each parent.
Legal Standard
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When an Indiana court decides a child custody arrangement during a divorce or paternity case, state law requires the judge to think about the overall best interests of the child. When deciding whether to award joint custody, the court considers a variety of factors, including the parents' willingness to share joint custody. Indiana law does not allow the court to automatically prefer custody for the mother over the father; rather, the court must consider many factors.
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Legal Guidelines
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The Indiana Rules of Court set forth the minimum guidelines for parenting time, including arrangements where the parents have a form of joint custody. The guidelines focus on developing the child's relationship with both parents, emphasizing developmental needs of different age groups such as infants and teenagers.
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References
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