How is legal custody determined?

Legal custody in Indiana is decided based off of what is in the best interest of the child or children involved. The court tries to make decisions that are equitable, equitable meaning that the court strives to make the arrangement fair to both parties. The court will consider a few different factors when determining legal custody such as parental fitness including medical, mental, and physical health, how the parents will handle the child’s emotional needs, the ability of the parents to provide a stable home environment, and each parent’s ability to make decisions in the child’s best interests. Depending on the age of the child, the court may also consider the child’s wishes regarding which parent they prefer. This is usually only taken into account if the child is of an age where the court believes they can make a reasonable and informed decision. The court may also consider any history of domestic violence or physical, emotional, or sexual abuse when making its decision. After all of the factors have been examined, the court will determine which form of custody is in the best interest of the child. This may be sole legal custody, meaning that one parent will have the majority of decision-making authority, or joint legal custody, meaning that both parents will share the responsibility. Legal custody does not necessarily relate to physical custody, although it may be associated.

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