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  5. What Is Residential Custody of a Child?

What Is Residential Custody of a Child?

On Behalf of Dixon & Moseley, P.C. | Dec 22, 2021 | Child Custody, Family Law

Child custody arrangements vary widely between divorced couples (or those who have children born out of wedlock) and are decided by a court based on what is in the children’s best interests. Where the battle lines are typically drawn between the litigants is who gets “residential custody” of the children. Although the specific term “residential custody” is not found in the Divorce or Paternity Acts, it refers to which parent will have physical custody over the children. This blog addresses the key aspects of “residential custody” or primary physical custody.

Under Indiana law, the presumption is one parent gets primary physical custody over the children and the other parenting time distinguished under the Indiana Parenting Time Guidelines. For children over the age of three (3), the parenting time is generally one night each week, every other weekend, half the summer, with the parents alternating the holidays. However, there is a strong legal trend toward joint physical custody. This can be accomplished in many ways. For instance, the parents may share week-on, week-off parenting time. This works better when the parents live in close proximity to each other or before the children are in school. Joint physical custody may be accomplished in other ways such as a rotation of days such as 5-2-2-5. The way to obtain joint physical custody is to develop the evidence with skilled domestic counsel as to why this is in the children’s best interests. Then present this evidence to the court.

In many cases, joint physical custody is not in the children’s best interests. This does not mean that one parent is simply going to obtain sole physical custody. This is because, with the right evidence, the court may provide the non-custodial parent with more parent time during the week or over the weekend. There are numerous permutations of additional parenting time. The key is to provide evidence to the court of why the presumption of sole physical custody and Indiana Parenting Time Guideline time is not in the children’s best interests. Instead, additional parenting time through the week, such as two nights a week, or additional time over the weekend is in the children’s best interests.

When considering “residential custody” or primary physical custody, it is important to remember that the court also has to determine legal custody as well. Legal custody covers who makes the decisions about the children’s education, religion, and schooling. Legal custody can be sole or joint or the court can apportion each of these legal custody decisions between the parents. Again, the court decides this on the evidence it hears from the parties in court. It then decides the matter based on what is in the children’s best interests. If you seek sole legal custody or joint legal custody, you must develop and present to the court what is in the children’s best interests. This takes skilled legal counsel.

This blog is written by attorneys at Dixon & Moseley, P.C. Its attorneys handle custody cases throughout Indiana. This blog is provided as general educational material. It is not intended to be advice for your situation or a solicitation for services. It is an advertisement.

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…

What Happens to the House in an Indiana Divorce?

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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