Indiana § 31-14-13-2.3 Joint legal custody; finding required for award; factors considered in
making award

Indiana Statutes

§ 31-14-13-2.3 — Joint legal custody; finding required for award; factors considered in making award

Indiana § 31-14-13-2.3

Art. 14FAMILY LAW: ESTABLISHMENT OF

Ch. 13Custody Following Determination of Paternity

This text of Indiana § 31-14-13-2.3 (Joint legal custody; finding required for award; factors considered in making award) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 31-14-13-2.3 (2026).

Text

3.

(a)In a proceeding to which this chapter applies, the court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child.

(b)An award of joint legal custody under this section does not require an equal division of physical custody of the child.

(c)In determining whether an award of joint legal custody under this section would be in the best interest of the child, the court shall consider it a matter of primary, but not determinative, importance that the persons awarded joint legal custody have agreed to an award of joint legal custody. The court shall also consider:

(1)the fitness and suitability of each of the persons awarded joint legal custody;

(2)whether the persons awarded joint legal custody are

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3. (a) In a proceeding to which this chapter
applies, the court may award legal custody of a child jointly if the court
finds that an award of joint legal custody would be in the best interest
of the child.
(b) An award of joint legal custody under this section does not
require an equal division of physical custody of the child.
(c) In determining whether an award of joint legal custody under
this section would be in the best interest of the child, the court shall
consider it a matter of primary, but not determinative, importance that
the persons awarded joint legal custody have agreed to an award of
joint legal custody. The court shall also consider:
(1) the fitness and suitability of each of the persons awarded joint
legal custody;
(2) whether the persons awarded joint legal custody are willing
and able to communicate and cooperate in advancing the child's
welfare;
(3) the wishes of the child, with more consideration given to the
child's wishes if the child is at least fourteen (14) years of age;
(4) whether the child has established a close and beneficial
relationship with both of the persons awarded joint legal custody;
(5) whether the persons awarded joint legal custody:
(A) live in close proximity to each other; and
(B) plan to continue to do so;
(6) the nature of the physical and emotional environment in the
home of each of the persons awarded joint legal custody; and
(7) whether there is a pattern of domestic or family violence.