Legal Question in Family Law in Indiana

Re: physical and legal custody

Here is the criteria that the court looks at in determining whether joint custody would be in your child's best interests:

Sec. 15. In determining whether an award of joint legal custody

under section 13 of this chapter 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 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 custody;

(2) whether the persons awarded joint 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;

and

(4) whether the child has established a close and beneficial

relationship with both of the persons awarded joint custody;

(5) whether the persons awarded joint custody:

(A) live in close proximity to each other; and

(B) plan to continue to do so; and

(6) the nature of the physical and emotional environment in the

home of each of the persons awarded joint custody.

If you feel comfortable with all of these criteria, especially item 2, then you should go ahead. If not, you shouldn't.

This issue is much more complex than vacations. Vacations are governed by the Indiana Parenting Guidelines. I suggest that you look at them for details. Joint Custody has no bearing that I am aware of on vacations.