Legal Question in Family Law in Indiana

Hi, this question is for Family Law attorneys. State Indiana.
After divorce we agreed to shared physical custody and followed 50/50 religiously. Some time ago the child expressed desire to spend more time with mother (me). We are high-conflict parents, have a parenting coordinator, etc.
I filed for custody modification and asked for full physical, my motion was denied, but at the same time the Court ordered to increase my parenting time and work with PC on it.
Indiana statutory law defines joint custody as any arrangement in which the child has regular and continuing contact with both parents. Joint physical custody in Indiana means near equal parenting time�around 182 overnights per year. Once we get out of 50/50 we are not in join custody any longer by default, but at the same time I am not a primary custodian by the court order.
Is it a legal occumoron? and do I have grounds to file a Motion to correct error?

Asked on 5/30/14, 5:15 pm

Jay Rigdon Rockhill Pinnick LLP

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0 attorneys agreed

You are not correct in your definition of joint custody in Indiana. You need to talk to an attorney about these issues.

Answered on 6/13/14, 2:07 pm

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