Custody

The judge will usually assume that joint custody is best for the child. However, if you present enough proof (a “preponderance of the evidence”) showing that it’s not best for your child, the judge can deny joint custody. There is a specific exception for domestic violence. If a judge determined that one parent repeatedly (“habitually”) committed domestic violence, the judge must assume that joint custody is not best for the child. Instead, the judge can grant sole custody to the non-abusive parent.¹ The judge can also order that the visits or the exchanges of the child be supervised by an agency or professional.²

¹ I.C. § 32-717B(4), (5)
² See I.C. § 32-717E