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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
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    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...

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

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    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...

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

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    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…

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    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…

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    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…

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

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    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    Recent Posts

    • 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)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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