Joint Custody Co-Parenting in Indiana
Co-parenting means both parents are actively involved in raising their children after separation. It means each parent gets to have a meaningful role in their children’s lives. This article explains how joint custody works in Indiana and how to navigate it.
How Does Joint Custody Work in Indiana?
Indiana has two types of joint custody: physical custody and legal custody.
- Physical Custody: Parents share the care of their children which includes overnight stays. Indiana law defines equal parenting time as 182 overnights per year but shared physical custody doesn’t always mean equal time. A common arrangement might be one parent has 3 nights a week and the other 4.
- Legal Custody: This gives parents the power to make major decisions for their child including education, healthcare and religion. In joint legal custody both parents share this responsibility equally.
Regardless of the type, joint custody is only granted when it’s in the child’s best interest.
How Is Child Custody Decided in Indiana?
Child custody in Indiana is decided using the “best interests of the child” standard. Courts look at each case carefully by considering:
- Each parent’s fitness and ability to provide a stable home.
- Parent’s communication and cooperation.
- The child’s preference, especially if they are 14 or older.
- The child’s relationship with parents, siblings and household members.
- Proximity of the parents’ homes.
- Emotional and physical environment of each parent’s home.
These factors help custody arrangements work for the child.
Do I Have to Pay Child Support with Joint Custody?
In Indiana child support is often calculated based on the number of overnights a parent has with their child. Parents who have equal parenting time and similar incomes may not have to pay child support. But if there’s a big income disparity the court may order payments to make sure the child’s needs are met.
For more information on Indiana child support.
What If We Disagree?
Disagreements are part of co-parenting but Indiana law encourages parents to resolve disputes without going to court. Parenting plans often designate one parent to make final decisions, mediation is another way to find common ground.
When disputes can’t be resolved a judge may step in and make a decision based on the child’s best interest. Judges can appoint evaluators, guardians or social service workers to get information and recommendations.
Contact Us
Know your rights as a parent and co-parenting. If you have questions or need help with a family law matter O’Flaherty Law can assist.
Call (630) 345-8430 or fill out our contact form.
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