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  5. Someone Help Me Understand Legal Custody!

Someone Help Me Understand Legal Custody!

On Behalf of Dixon & Moseley, P.C. | Mar 10, 2020 | Child Custody, Family Law

Whether it be from personal experience or a movie you saw on television, most of us have some understanding of the concept of custody. However, when people think of custody, most of the time they are only thinking of physical custody. But, physical custody is just one part of child custody as a whole. Who makes decisions about school? Religion? Medical? Do these decisions have to be agreed upon? What if we cannot agree or have differing views on the subjects. These are questions that many don’t think about until a custody proceeding begins, and it can be confusing to anticipate future disagreements. In this blog, we provide a brief overview of the different components of legal custody.

First, custody is made up of two distinct aspects, namely physical custody and legal custody. Physical custody means the physical care and supervision of the child.1 So, if you are awarded physical custody, then the child would physically be in your care most of the time and the other parent would obtain Indiana Parenting Time Guideline time. Legal custody, on the other hand, gives an individual the authority to make “the major decisions concerning the child’s upbringing, including the child’s education, health care, and religious training.”2 Think of legal custody as the decision-making power on the fundamentals of life. It’s important to note that these are two distinct parts of custody, and the court will look to different factors in determining each. Therefore, just because a court awards one parent physical custody does not mean that the court will award the other parent legal custody in divorce or paternity proceedings.

With legal custody, there are two main variations: joint legal custody or sole legal custody. As you may have guessed, under sole legal custody, one of the parties will be given the sole authority to make all major decisions concerning the child relating to health, education, and religion. Conversely, joint legal custody means both parties have to agree on all major decisions. However, courts have the discretion to deviate from total joint legal custody. For example, a court could award joint legal custody on medical, and apportion sole religious decision-making to one parent and sole medical to another. The over-arching consideration in awarding joint legal custody is if the parents can work together in the child’s best interests. If so, and the evidence establishes such, an award of joint legal custody is probable. If not, the court may give one parent sole legal in all decision-making or divvy it up if it meets the child’s best interests.

Child custody proceedings are extremely fact-sensitive, leading to confusion among many litigants. In addition, these are very personal and emotional matters for people. If you find yourself in a child custody proceeding or are thinking about initiating one, it may be helpful to seek the assistance of an attorney to help navigate through the process. Dixon & Moseley, P.C. attorneys’ practice throughout the State of Indiana and understand the importance of custody proceedings and how to argue for your position and present evidence of the same. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.

  • Ind. Code section 31-21-2-16.
  • Ind. Code section 31-9-2-67
  • What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

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

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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