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Indiana Code

Ind. Code § 31-17-2-13 (2025)

Joint legal custody; finding required for award

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 13. The court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child.

[Pre-1997 Recodification Citation: 31-1-11.5-21(f) part.]

As added by P.L.1-1997, SEC.9.

 

Notes of Decisions
Cited in 24 cases (3 in the last 5 years), 2000–2026 · leading case: In re The Marriage of: Caleb Hazelett v. Hailey Hazelett, 119 N.E.3d 153 (Ind. Ct. App. 2019).
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In re The Marriage of: Caleb Hazelett v. Hailey Hazelett, 119 N.E.3d 153 (Ind. Ct. App. 2019). · cites it 6× “Code § 31-17-2-8 , as well as a consideration of Ind. Code § 31-17-2-13 and § 31-17-2-15, the Court finds that the parties are unable to communicate and cooperate in advancing the welfare and best interests of [Child] and that an award of joint legal custody is not in [Child's]…”
Phillip J. Troyer v. Tracy L. Troyer, 987 N.E.2d 1130 (Ind. Ct. App. 2013). · cites it 2× “Code § 31-17-2-13 . And an award of joint legal custody does not require an equal division of physical custody of the child.”
Higginbotham v. Higginbotham, 822 N.E.2d 609 (Ind. Ct. App. 2004). · cites it 2× “_ Indiana Code section 31-17-2-13 provides that the trial court may award legal custody of a child jointly if the trial court finds that an award of joint legal custody would be in the best interests of the child.”
Gonzalez v. Gonzalez, 893 N.E.2d 333 (Ind. Ct. App. 2008). · cites it 2× “Ind.Code § 31-17-2-13. And an award of joint legal custody does not require an equal division of physical custody of the child.”
M.S. v. C.S., 938 N.E.2d 278 (Ind. Ct. App. 2010). · cites it 2× “, citing Indiana Code section 31-17-2-13 (2008), which permits a court to award joint legal custody if doing so would be in the best interest of the child.”
Clark v. Clark, 726 N.E.2d 854 (Ind. Ct. App. 2000). · cites it 2× “Ind.Code § 31-17-2-13. An award of joint legal custody does not require an equal division of physical custody of the child.”
J.S. v. J.D., 941 N.E.2d 1107 (Ind. Ct. App. 2011). · cites it 2× “"); Ind.Code § 31-17-2-13 ("'The court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child.”
In re the Marriage of: Kristy Gardenour v. Denise Bondelie, 60 N.E.3d 1109 (Ind. Ct. App. 2016). · cites it 2× “Indiana Code section 31-17-2-13 provides, “The court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child.”
Tanner Hecht v. Taylor Hecht, 142 N.E.3d 1022 (Ind. Ct. App. 2020). · cites it 4× “Specifically, in its July 2019 order, the court found as follows: Indiana Code § 31-17-2-13 provides that a court “may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child.”
Ms v. Cs, 938 N.E.2d 278 (Ind. Ct. App. 2010). · cites it 2× “, citing Indiana Code section 31-17-2-13 (2008), which permits a court to award joint legal custody if doing so would be in the best interest of the child.”
In re Marriage of JS & JD, 941 N.E.2d 1107 (Ind. Ct. App. 2011). · cites it 2× “"); Ind.Code § 31-17-2-13 ("The court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child.”
C.Z. v. J.Z. (mem. dec.), No. 41A04-1611-DR-2456 (Ind. Ct. App. Aug. 30, 2017). · cites it 2× “I.C. § 31-17-2-13 provides that a court may award joint legal custody if doing so is in the best interest of the child.”
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