50/50 Custody in Indiana: What Does It Mean For Parental Rights?

Note: This article was updated in 2025 to reflect current Indiana child custody laws and parenting guidelines.

Child custody is one of the most important and emotional parts of the divorce process. Parents want to know their children will continue to feel loved, supported, and secure, regardless of the family’s new structure. In Indiana, the idea of 50/50 custody has grown in visibility, often raising questions about how it works, what it means legally, and whether it is always the best choice.

This article explores 50/50 custody in Indiana, how the courts determine physical and legal custody, what the Indiana parenting time guidelines say, and the roles that communication, flexibility, and planning play in successful outcomes. Whether you’re beginning this process or revisiting an existing order, understanding your options under Indiana child custody laws can help you make decisions that prioritize your child’s needs.

 Indiana divides custody into two types: legal custody and physical custody. Legal custody refers to who has the right to make decisions about the child’s education, healthcare, and religion. Physical custody means what is the child’s parenting time schedule, i.e. when are they physically with Mom and when are they physically with Dad. .
In shared physical custody in Indiana, both parents are actively involved in the child’s day-to-day life. A 50/50 custody agreement means the child spends nearly equal time with both parents. This could be alternating weeks, a 2-2-3 schedule, or other arrangements designed around school, work, and the child’s needs.
Importantly, 50/50 custody does not mean every detail must be split evenly. It refers to time spent, not that the parents have to share each and every decision or what the law refers to as “routine” decisions with one another. In order to make an equal parenting time schedule work, both parents need to be willing to communicate, be consistent, and keep the focus on what works best for their child(ren).

Under joint custody laws in Indiana, there is no legal presumption that 50/50 custody is automatically best. Courts always prioritize the best interests of the child, not the schedule. That said, if both parents demonstrate they can cooperate and have been equally involved in raising their child prior to the time of the legal proceeding, the court may more strongly consider a shared arrangement.

When making a decision, courts evaluate several key factors. These include the child’s age and emotional needs, the involvement each parent has had in caregiving, the mental health of the parties involved, the distance between the parents’ homes, and whether the parents can co-parent without conflict. The child’s schooling, stability, and any history of abuse or neglect will also play a role. Judges may also take the child’s preferences into account, especially as they grow older.

Joint custody laws in Indiana are flexible. Judges can award joint legal custody even if physical custody is not shared equally. Or, in some cases, a parent may have more physical time but must consult with the other on major life decisions.

The Indiana parenting time guidelines (“IPTG”) provide the minimum amount of parenting time that the State of Indiana believes that a non-custodial parent should exercise to maintain a relationship with their child. . The ITPG are not laws but serve as a guide, especially when parents disagree. These guidelines are updated periodically and reflect the State’s interest in the well-being of children. Not only do the IPTGs set forth a minimum parenting time schedule, they also advise about holiday and extended parenting time, communication with parents, and much more.

In 2024, the Indiana Supreme Court updated the parenting time guidelines to include stronger guidance on communication between parents, exchanges, and long-distance parenting. While these changes didn’t directly change the law around 50/50 custody, they reinforced how vital respectful co-parenting is to any agreement.

Many families find that a 50/50 arrangement helps children maintain strong bonds with both parents. The benefits can include:

• Children spending meaningful time with each parent
• A sense of stability in both households
• Parents remaining involved in school, activities, and routines
• Shared financial and emotional responsibilities

A successful 50/50 custody in Indiana plan can reduce conflict if both parents support the schedule. Kids benefit when they feel like both parents are truly present in their lives, not just on weekends or holidays.

Because no two families are the same, 50/50 time can be structured in different ways. Some parents alternate weeks, while others prefer a 2-2-3 schedule where the child spends two days with one parent, two with the other, and alternates weekends. The 3-4-4-3 schedule gives more consistent weekdays, which can reduce stress for children in school. For parents who live very close to one another, splitting weeks evenly, such as Monday through Wednesday with one parent and Thursday through Sunday with the other can work well. What matters most is that the schedule is consistent and minimizes disruption for the child.

While shared physical custody in Indiana can work well, it is not appropriate for every family. Courts may deny a 50/50 plan if the parents live far apart, if the child needs more structure, or if there’s ongoing conflict. It can also be too demanding for younger children or those with special emotional or medical needs.

Some families find that a slightly uneven split, like 60/40 or 70/30, provides more predictability. What matters most is what works for the child—not what feels “equal” to the parents. An equal parenting time schedule may not be ideal when one parent has not been as involved in the day to day parenting as the other, likewise, the age of the child plays an important role in determining an appropriate parenting time schedule.

Under Indiana child custody laws, courts use multiple factors to determine what’s in the child’s best interest. There is no one-size-fits-all plan. Judges consider each case individually, taking into account the age of the child, the relationship with each parent, home and school stability, any history of violence, and the ability of parents to work together. The child’s opinion may also be considered, especially if the child is 14 or older.

Parents must present clear evidence of how their proposed plan is in the child’s best interest, not the parent’s. . Judges value consistency, structure, and cooperation.

A common myth is that 50/50 custody in Indiana automatically eliminates child support. That is not true. Courts look at income, time spent with each parent, and who pays for the child’s needs. If one parent earns more or pays for most of the child’s expenses, support may still be ordered.
Calculations also take into account healthcare, childcare, school costs, and special needs. Support is meant to keep the child stable and cared for—not to penalize either parent.

A strong parenting plan covers more than just time schedules. It should outline how decisions are made, how parents will handle holidays and travel, and how disagreements will be resolved.

Details to include are methods for communication, how to handle illness or school closures, and when updates to the agreement may be needed. Having all of this written down prevents confusion and makes enforcement easier if one parent does not follow the order.

Even the best plans may need to change. Indiana allows for modifications in certain circumstances and if the change would be in the best interest of the child. This might include a job relocation, a shift in work hours, changes in the child’s school, or one parent failing to follow the agreement.
To change custody, a parent must file with the court and show both that there has been a continuing and substantial change in circumstances that warrants the change and that the change is in the child’s best interest. . Judges will again review all the same custody factors.

Custody issues are personal. Whether you’re seeking shared physical custody in Indiana, want to create a 50/50 plan, or need help with an enforcement or modification, having a knowledgeable legal advocate can ease your stress and give you clarity.

An attorney can help you understand your rights, draft a strong parenting plan, represent you in mediation or court, and ensure your child’s needs are prioritized. Parents should not navigate the complexities of Indiana child custody laws alone, especially when emotions are high or disagreements become legal battles.

50/50 custody in Indiana is a great option for families who can make it work and have children that will benefit from it. But it requires honest communication, a strong legal foundation, and a constant focus on the child’s needs. Indiana law offers flexibility and guidance, but it also requires that parents put their child first in every decision.

Whether you’re just beginning the custody process or seeking to improve an existing arrangement, understanding joint custody laws Indiana, knowing the Indiana parenting time guidelines, and evaluating your own ability to co-parent are all crucial.

Custody may feel overwhelming, but with the right support, clarity, and planning, you can build a structure that gives your child the stability and love they deserve.

For compassionate and personalized legal services, call 317-565-1818 or contact us today.