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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
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      • Defense Of Protective Orders
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  5. Four Ways To Divide Or Share Legal Custody In Indiana

Four Ways To Divide Or Share Legal Custody In Indiana

On Behalf of Dixon & Moseley, P.C. | Feb 3, 2015 | Child Custody, Custody Modification

The term “Legal Custody” is frequently misunderstood; it means which parent (or both) will make the major life decisions for the children, such as on matters of health, education, welfare, and religion.1 Divorcing parents one of whom has strong Catholic beliefs and the other a devout Christian are sometimes apt to put the children in a tug-of-war as to their beliefs.

For such reasons, trial courts have the ability and duty to look out for the best interests of the children and may award legal custody in several ways.  Where parents get along on these types of legal issues, the trial court considers this seriously in making a joint decision for shared legal custody.2 A handful of parents make every aspect of parenting an expert in battle.  These parents typically are not the type who can make joint legal custody decisions and Indiana trial courts typically award this to the parent it believes will most likely put differences aside and try to include the other in legal custody decision making.

In a small number of cases, there is some issue of such great importance it overshadows the entire marriage and ability of the parties to get along. Where this occurs, such as religion or aversion to prescription medications (ADD diagnosis and medication is a common example), an Indiana trial court may split the classes of legal custody and give one parent a specific type of legal custody.  Using this example, the parent who is more likely to give the doctor-prescribed medication is generally awarded sole legal custody status on that issue. However, it is common the trial courts will allow joint legal custody on the remaining matters.

Finally, where divorcing (or in paternity) parties are reasonably able to get along, but there is some evidence that there will be disputes on legal custody issues, the trial court may take a hybrid approach.  Under a variation of this approach, both parents have joint legal custody, but in the event of an irresolvable dispute, one parent makes the decision.  This allows a child’s need to be met at the moment it arises, but preserves the other parent’s right to go back to court over the disagreement with theories ranging from contempt to modification.

Dixon & Moseley, P.C. advocates have a strong educational focus, hoping to help legal consumers be better equipped to maximize the most of their case objective and minimize litigation’s implication on them and the children. This blog was written by counsel at Dixon & Moseley, P.C. who practices domestic law through the State of Indiana.

  • Gonzalez v. Gonzalez, (893 N.E.2d 333, 335 N.E.2d 2008)
  • Ind.Code § 31-17-2-15.
  • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 6, 2026 | Appellate Practice

    An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

    What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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    • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

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