Indiana Joint Custody Agreement

JOINT CUSTODY AGREEMENT

STATE OF INDIANA

In the [________________________________] Court
[________________________________] County, Indiana

Cause No.: [____]-[____]-[____]-[____]-[________]

STATUTORY FRAMEWORK

This Joint Custody Agreement is entered into pursuant to Indiana Code 31-17-2-13 through 31-17-2-17, which authorize the Court to award joint legal custody upon a finding that such an award is in the best interests of the child. Under IC 31-9-2-67, "joint legal custody" means that the persons awarded joint custody share authority and responsibility for the major decisions concerning the child's upbringing, including the child's education, health care, and religious training.

Indiana law distinguishes between legal custody (decision-making authority) and physical custody (where the child resides and the parenting time schedule). This Agreement addresses both.

ARTICLE I: PARTIES AND CHILDREN

Section 1.01 — Parent Information

Parent A:

• Full Legal Name: [________________________________]
• Residential Address: [________________________________], [________________________________] County, Indiana [________]
• Mailing Address (if different): [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]
• Work Schedule: [________________________________]

Parent B:

• Full Legal Name: [________________________________]
• Residential Address: [________________________________], [________________________________] County, Indiana [________]
• Mailing Address (if different): [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]
• Employer: [________________________________]
• Work Schedule: [________________________________]

Section 1.02 — Child(ren) Subject to This Agreement

Section 1.03 — Court Jurisdiction and Filing

This Agreement shall be filed with the [________________________________] Circuit Court / Superior Court, [________________________________] County, Indiana, for approval and incorporation into ☐ a Decree of Dissolution ☐ a Custody Order ☐ a Paternity Order ☐ Other: [________________________________].

The Court retains continuing, exclusive jurisdiction over custody matters under IC 31-21 (Uniform Child Custody Jurisdiction and Enforcement Act).

ARTICLE II: JOINT LEGAL CUSTODY

Section 2.01 — Award of Joint Legal Custody

The parents agree, and request the Court to find, that an award of joint legal custody is in the best interests of the child(ren).

Section 2.02 — Statutory Factors Under IC 31-17-2-15

The Court shall consider the following in determining whether joint legal custody is appropriate. The parties represent:

(a) Mutual agreement: Both parents have agreed to joint legal custody. Under IC 31-17-2-15, the Court shall consider this agreement as a matter of primary, but not determinative, importance.

(b) Fitness and suitability: Both parents are fit and suitable persons to share joint custody responsibilities.

(c) Communication and cooperation: Both parents are willing and able to communicate and cooperate in advancing the child(ren)'s welfare. The parents agree to use the following primary method of communication: ☐ Email ☐ Text ☐ Co-parenting application ☐ Other: [________________________________]

(d) Child's wishes: The child(ren)'s wishes have been considered. Under IC 31-17-2-8(3), the wishes of a child at least fourteen (14) years of age are given greater consideration but are not controlling.

• ☐ No child is 14 or older.
• ☐ The following child(ren) are 14 or older and their wishes have been considered: [________________________________]

(e) Relationship with both parents: The child(ren) have established close and beneficial relationships with both parents.

(f) Home environment: The physical and emotional environment in each parent's home is suitable for the child(ren).

Section 2.03 — Scope of Joint Legal Custody

Joint legal custody encompasses shared authority and responsibility for all major decisions, including:

1. Education — School selection and enrollment, school district, public vs. private vs. home school, special education services (IEP, Section 504), tutoring, grade retention, and college planning
2. Health Care — Selection of physicians, dentists, and specialists; non-emergency medical, surgical, dental, orthodontic, and optical treatment; prescription medications; vaccinations
3. Mental Health — Selection of therapists, counselors, or psychiatrists; commencement or termination of therapy; psychiatric medications
4. Religious Training — Religious affiliation, religious education, and participation in religious practices and ceremonies
5. Extracurricular Activities — Enrollment in sports, clubs, lessons, camps, and other organized activities, particularly those that affect the other parent's parenting time
6. Travel — Out-of-state or international travel; passport applications
7. Legal Matters — Consent to marriage, enlistment in military, name change, or other legal proceedings involving the child(ren)

Section 2.04 — Decision-Making Process

Step 1 — Notice: The parent first aware of a decision to be made shall promptly notify the other parent.

Step 2 — Consultation: Both parents shall discuss the matter in good faith and attempt to reach agreement within a reasonable time (generally [____] days for non-urgent matters).

Step 3 — Impasse Resolution:

☐ Option A: If the parents are unable to agree, the matter shall be submitted to a mediator before either parent may seek court intervention.

☐ Option B: The following tie-breaking authority applies:

☐ Option C: All impasses shall be resolved by a parenting coordinator appointed by the Court.

Section 2.05 — Emergency Decisions

The parent with the child at the time of an emergency may make urgent decisions regarding medical treatment, safety, or welfare without prior consultation. That parent shall notify the other parent as soon as reasonably possible and no later than twenty-four (24) hours after the emergency decision.

Section 2.06 — Routine Day-to-Day Decisions

Each parent shall make routine decisions regarding the child(ren)'s daily care, activities, bedtime, meals, hygiene, homework, and discipline during their respective parenting time without the need for consultation. Neither parent shall make routine decisions that undermine the other parent's authority or this Agreement.

ARTICLE III: PHYSICAL CUSTODY AND PARENTING TIME

Section 3.01 — Physical Custody Arrangement

☐ Shared physical custody — The child(ren) shall reside with both parents on a substantially equal basis per the schedule below.

☐ Primary physical custody with Parent A — Parent B shall receive parenting time per the schedule below.

☐ Primary physical custody with Parent B — Parent A shall receive parenting time per the schedule below.

Child(ren)'s address for school enrollment purposes: [________________________________]

Section 3.02 — Regular Parenting Time Schedule

☐ Indiana Parenting Time Guidelines (IPTG) apply. The noncustodial parent shall have the minimum parenting time prescribed by the IPTG as adopted by the Indiana Supreme Court, including alternating weekends (Friday 6:00 PM to Sunday 6:00 PM) and one weekday evening per week.

☐ Equal-time schedule (select one):

☐ Alternating weeks (7/7): Parent A has the child(ren) from [________________________________] to [________________________________]; Parent B has the child(ren) the following week on the same schedule.

☐ 2-2-3 Rotation:

• Monday-Tuesday: Parent A every week
• Wednesday-Thursday: Parent B every week
• Friday through Sunday: Alternating (Parent A on Week 1, Parent B on Week 2)

☐ 5-2-2-5 Rotation:

• Monday-Tuesday: Parent A every week
• Wednesday-Thursday: Parent B every week
• Friday-Sunday: Alternating between parents

☐ Custom schedule:

Overnight summary per 14-day cycle: Parent A: [____] overnights / Parent B: [____] overnights

Section 3.03 — Holiday Schedule

Holidays supersede the regular schedule. Unless otherwise agreed in writing, the following alternating schedule applies:

Odd-Year / Even-Year Rotation:

Non-alternating holidays:

• Mother's Day: With Mother each year (Saturday 6:00 PM - Sunday 6:00 PM)
• Father's Day: With Father each year (Saturday 6:00 PM - Sunday 6:00 PM)
• Child's Birthday: ☐ With Parent who has regular time ☐ Alternating ☐ Shared celebration ☐ Other: [________________________________]
• Each parent's birthday: The child(ren) shall spend [____] hours with the birthday parent.

Section 3.04 — Summer Parenting Time

Per the IPTG:

• Children age 5 and older: Each parent is entitled to one-half of summer vacation when sharing physical custody. The noncustodial parent in a primary-custody arrangement is entitled to one-half of summer vacation. Notice of summer dates must be provided by April 1 of each year.
• Children ages 3-4: The noncustodial parent is entitled to up to four (4) nonconsecutive weeks.

☐ IPTG summer provisions apply without modification.

☐ Custom summer arrangement:
[________________________________]
[________________________________]

During the other parent's extended summer time, the non-exercising parent shall have the IPTG standard midweek and alternating weekend schedule unless otherwise agreed.

Section 3.05 — Exchanges and Transportation

Exchange location: ☐ Receiving parent picks up at other parent's residence ☐ School (during school year) ☐ Neutral location: [________________________________]

Transportation: ☐ Receiving parent provides pickup ☐ Shared equally ☐ Other: [________________________________]

Exchange conduct: Parents shall be punctual, courteous, and shall not discuss legal matters or engage in conflict during exchanges. The child(ren) shall have all necessary clothing, medications, school materials, and personal items for the transition.

Section 3.06 — Right of First Refusal

If either parent will be unavailable to personally care for the child(ren) for more than [____] consecutive hours (excluding school and sleeping hours), that parent shall offer the time to the other parent before arranging alternative childcare. The other parent shall respond within [____] hours.

ARTICLE IV: COMMUNICATION AND INFORMATION SHARING

Section 4.01 — Parental Communication

Parents shall communicate regularly regarding the child(ren)'s welfare using ☐ email ☐ text ☐ co-parenting application ☐ other: [________________________________]. All communications shall be respectful and child-focused.

Section 4.02 — Parent-Child Communication

Per the IPTG, the child(ren) are entitled to reasonable contact with the non-possessing parent, including telephone, video, email, text, letters, and packages. Neither parent shall monitor, record, or interfere with such communications.

Section 4.03 — Records Access

Both parents shall have full and equal access to:

• School records, progress reports, and teacher communications
• Medical, dental, and mental health records
• Extracurricular activity schedules and information
• Daycare or childcare records

Both parents shall be listed as emergency contacts and authorized persons at all schools, medical providers, and childcare facilities.

Section 4.04 — Notification Obligations

Each parent shall promptly notify the other of:

• Any emergency, illness, or injury involving the child(ren)
• Changes in address, telephone number, or employment
• Contact information for new schools or health care providers
• Arrests, charges, or protective orders involving the parent or household members
• Any matter that may affect custody or parenting time

ARTICLE V: RELOCATION

Section 5.01 — Indiana Relocation Requirements (IC 31-17-2.2)

Either parent intending to relocate must comply with IC 31-17-2.2-1:

(a) File a notice of intent to move with the clerk of the [________________________________] Court, [________________________________] County, Indiana.

(b) Serve the non-relocating parent at least thirty (30) days before the intended move, or within fourteen (14) days of learning of the relocation, whichever is sooner.

(c) Notice is not required if:

• The relocation has been addressed by a prior court order; or
• The move increases distance by no more than twenty (20) miles and allows the child(ren) to remain in their current school.

Section 5.02 — Impact on Joint Custody

The parents acknowledge that a significant relocation by either parent may make the joint custody arrangement impracticable. If relocation occurs, the parents shall negotiate in good faith to modify this Agreement. If they cannot agree, either parent may petition the Court for modification under IC 31-17-2-21.

Section 5.03 — Relocation of Noncustodial Parent

If the parent without primary physical custody relocates and parenting time becomes impracticable, the parents shall work together to establish a revised schedule that preserves frequent and meaningful contact, including extended holiday, summer, and school-break time and regular virtual communication.

ARTICLE VI: DOMESTIC VIOLENCE AND SAFETY

Section 6.01 — Domestic Violence Disclosure

☐ Neither parent has a history of domestic or family violence.

☐ The following domestic violence history is disclosed and the Court has been informed:
[________________________________]

Section 6.02 — Supervised Parenting Time (IC 31-17-2-8.3)

☐ Not applicable.

☐ Applicable. If the Court finds that a parent has been convicted of domestic or family violence witnessed or heard by the child(ren), a rebuttable presumption arises that the convicted parent's parenting time shall be supervised for at least one (1) to two (2) years following the conviction, per IC 31-17-2-8.3. The convicted parent must also complete a batterer's intervention program.

Section 6.03 — Safety Provisions

• Neither parent shall allow any person with a known history of violent or sexual offenses to have unsupervised access to the child(ren).
• All firearms shall be stored unloaded in a locked container with ammunition stored separately.
• Neither parent shall use alcohol to the point of impairment or illegal substances during or within twelve (12) hours before parenting time.

ARTICLE VII: PARENTING EDUCATION

☐ Both parents shall complete a court-approved co-parenting education program as required by [________________________________] County local rules.

• Minimum duration: [____] hours
• Completion deadline: Within [____] days of filing
• Parent A completion date: [__/__/____]
• Parent B completion date: [__/__/____]

☐ Parenting education already completed.

☐ Not required by local rule.

ARTICLE VIII: FINANCIAL PROVISIONS

Section 8.01 — Child Support

Child support shall be calculated and ordered pursuant to the Indiana Child Support Guidelines (IC 31-16-6) and is ☐ addressed in a separate order ☐ incorporated below.

Section 8.02 — Health Insurance

☐ Parent A ☐ Parent B ☐ Both parents shall maintain health, dental, and vision insurance for the child(ren).

Section 8.03 — Unreimbursed Medical Expenses

Unreimbursed medical, dental, orthodontic, optical, psychological, and pharmaceutical expenses shall be allocated:
☐ Equally (50/50)
☐ Proportionally based on income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

Section 8.04 — Extracurricular Costs

Mutually agreed extracurricular activity costs shall be allocated:
☐ Equally ☐ Proportionally ☐ Other: [________________________________]

Section 8.05 — Childcare Expenses

Work-related childcare costs shall be:
☐ Included in child support calculation
☐ Shared equally
☐ Shared proportionally
☐ Other: [________________________________]

ARTICLE IX: DISPUTE RESOLUTION

Section 9.01 — Good-Faith Discussion

Parents shall first attempt to resolve disputes through direct, respectful communication.

Section 9.02 — Mediation

If discussion fails, the parents shall participate in mediation with a qualified Indiana family mediator. Mediation costs shall be shared ☐ equally ☐ proportionally.

Section 9.03 — Court Proceedings

If mediation is unsuccessful, either parent may file a motion with the [________________________________] Circuit / Superior Court, [________________________________] County, Indiana.

Section 9.04 — Emergency Relief

Either parent may seek emergency relief under Indiana Trial Rule 65 to protect the child(ren)'s health or safety without first engaging in mediation.

Section 9.05 — Attorney's Fees

The Court may award reasonable attorney's fees to the prevailing party in any enforcement or contempt proceeding.

ARTICLE X: MODIFICATION

Section 10.01 — Modification by Agreement

This Agreement may be modified by written agreement of both parents, approved by the Court. Per IC 31-17-2-17, the Court may revoke joint legal custody if it determines it is no longer in the child(ren)'s best interests.

Section 10.02 — Modification by Court Order

Either parent may petition for modification under IC 31-17-2-21 upon demonstrating a substantial change in one or more factors under IC 31-17-2-8.

Section 10.03 — Annual Review

The parents agree to review this Agreement annually to ensure it continues to serve the child(ren)'s best interests and reflects their changing developmental needs.

ARTICLE XI: GENERAL PROVISIONS

Entire Agreement. This Agreement, together with any court orders in the above-captioned cause, constitutes the entire understanding regarding joint custody.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Governing Law. This Agreement is governed by Indiana Code Title 31, the Indiana Parenting Time Guidelines, and applicable Indiana court rules.

Counterparts. This Agreement may be executed in counterparts and by electronic signature.

No Waiver. Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

EXECUTION

We, the undersigned parents, affirm under the penalties for perjury that the foregoing is true and accurate, and that this Joint Custody Agreement is in the best interests of our child(ren).

PARENT A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

ATTORNEY SIGNATURES (if represented)

Attorney for Parent A:
Name: [________________________________]
Indiana Attorney No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Signature: _________________________________

Attorney for Parent B:
Name: [________________________________]
Indiana Attorney No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Signature: _________________________________

COURT APPROVAL AND ORDER

The Court, having reviewed the foregoing Joint Custody Agreement and having considered the factors under IC 31-17-2-15, finds that:

☐ An award of joint legal custody is in the best interests of the child(ren).
☐ Both parents are fit and suitable, willing and able to communicate and cooperate.
☐ The child(ren) have a close and beneficial relationship with both parents.
☐ The physical and emotional environment in each parent's home is appropriate.
☐ The Agreement is approved and adopted as an order of this Court.

IT IS SO ORDERED.

Date: [__/__/____]

_________________________________
Judge, [________________________________] Circuit / Superior Court
[________________________________] County, Indiana

SOURCES AND REFERENCES

• Indiana Code 31-9-2-67 — Definition of "Joint Legal Custody"
• Indiana Code 31-17-2-8 — Best Interest Factors
• Indiana Code 31-17-2-13 — Joint Legal Custody; Finding Required for Award
• Indiana Code 31-17-2-15 — Joint Legal Custody; Matters Considered in Making Award
• Indiana Code 31-17-2-17 — Joint Legal Custody; Modification or Revocation
• Indiana Code 31-17-2-21 — Modification of Child Custody Order
• Indiana Code 31-17-2-8.3 — Supervised Parenting Time; Domestic Violence
• Indiana Code 31-17-2.2-1 — Relocation Notice Requirements
• Indiana Code 31-17-6 — Guardian ad Litem and CASA
• Indiana Code 31-16-6 — Child Support Guidelines
• Indiana Code 31-21 — UCCJEA
• Indiana Parenting Time Guidelines (adopted by the Indiana Supreme Court, effective March 31, 2001, as amended)