In Indiana, the legal custodial determination pertains to parental decision making for the children. In other words, legal custodial rights determine a parent’s ability to make decisions, jointly or solely regarding the children’s upbringing. This is distinguished from physical custody – the amount of time each parent spends with the children.
Parents who are awarded joint legal custody continue to share in decision making regarding the children’s education, religious teaching, medical treatment and the like on an equal basis. Joint legal custodians may share joint physical custody in an equal manner, or one parent may have the vast majority of the parenting time. The key is decision making. Joint custodians must jointly raise their children. In other words, joint custodians must converse about and agree on all major decisions.
Joint legal custody is often confused with shared physical custody whereby the children split their time between the parents’ homes. While shared parenting schedules are often exercised by joint legal custodians, the parenting schedule and legal custodial rights are separate legal concepts.
To learn more about child custody in Indiana, contact our child custody attorneys and request a free consultation.
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