Custodia

Joint custody is when custody is given to both parents. The child has frequent and continuing contact with each parent. The judge can award joint physical custody, joint legal custody, or both. The judge will usually assume that joint custody is best for the child unless there is enough proof (a “preponderance of the evidence”) that it’s not. If the judge denies joint custody, the judge must explain why.¹ To learn more about when the judge will not order joint custody, go to Can a parent who committed domestic violence get joint custody?

There are two parts of joint custody.

• Joint physical custody is when both parents care for and supervise the child. The child lives with each of them for significant time periods. The child is supposed to have frequent and continuing contact with both parents. However, this does not mean the child must spend equal time with each parent.
• Joint legal custody means that the parents share the legal rights, responsibilities, and power to make important decisions about the child’s health, education, and general welfare.²

Sole physical custody is when the child mostly lives with one parent. The other parent can still have the right to visit with the child.

Sole legal custody is when only one parent has the legal right to make important decisions about the child’s health, education, and welfare. 

¹ I.C. § 32-717B(1), (4), (5)
² I.C. § 32-717B(2), (3)