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Shared Parenting Time in Indiana: How Courts View 50/50 Custody

Families across Indianapolis and the rest of Indiana are hearing more and more about 50/50 custody, “equal parenting time,” and “shared parenting” schedules. Parents want to stay fully involved, and they often walk into a consultation asking a simple question: “Can we get a true 50/50 custody arrangement in Indiana”

The answer is more layered than a yes or no. Indiana law allows shared and joint physical custody, and judges do approve equal parenting time schedules, but there is no automatic right to 50/50. Everything still comes back to one core principle: the best interests of your child.

This guide is written for parents who want to understand how shared parenting time works in Indiana, what 50/50 custody really looks like in practice, and how courts actually evaluate equal parenting time proposals in real cases. It is designed to be both a legal roadmap and a practical resource, so you feel informed, realistic, and prepared.

What Is Shared Parenting Time in Indiana

If you are just starting to research custody, the terminology can be confusing. You might see phrases like “joint physical custody Indiana,” “shared parenting time Indiana,” or “equal parenting time Indiana” used almost interchangeably online. In practice, they all revolve around the same idea: how your child’s time is split between two homes.​

Indiana law separates custody into two big buckets.

Legal custody covers major decision making for your child, such as education, health care, and religious upbringing, and this can be sole or joint. Physical custody and parenting time define where the child lives and when they are with each parent, and joint physical custody and shared parenting time are about how that time is divided.

Shared parenting time usually describes an arrangement where both parents have substantial, ongoing time with the child, with responsibilities spread relatively evenly even if the schedule is not mathematically perfect. In contrast, a more traditional model may have one “primary” home and one parent who has parenting time according to at least the Indiana Parenting Time Guidelines.

50/50 custody Indiana is a specific form of shared parenting where each parent has roughly equal overnights during the year. That might be a week on / week off schedule, a 2‑2‑3 rotation, or other patterns that balance the numbers while trying to fit your child’s school and activities.

Legal Presumptions and the Best Interests Standard

Many parents are surprised to learn there is no statute that says “Indiana presumes 50/50 custody.” Judges are bound by the best interests of the child standard, and that is the backbone of all custody decisions in Indiana.

Indiana Code section 31‑17‑2‑8 lists factors courts must consider when deciding custody, including:

  • Your child’s age and developmental needs
  • Each parent’s wishes and caregiving history
  • The child’s relationship with each parent, siblings, and other key people
  • The child’s adjustment to home, school, and community
  • The mental and physical health of everyone involved
  • Any history of domestic or family violence or substance abuse
  • The wishes of the child, with more weight given to older children

There is also a broad policy that children benefit from “frequent, meaningful and regular contact” with both parents when it is safe. The Indiana Parenting Time Guidelines are built on that premise, and courts often reference this philosophy when evaluating shared parenting plans.

That means there is no automatic preference for mothers or fathers and no automatic guarantee of equal parenting time. The court looks at your family’s specific situation and then asks a child centered question: What arrangement gives this child the best chance to be safe, stable, and emotionally supported.

Indiana Law on 50/50 and Joint Physical Custody

Indiana courts can order joint physical custody and equal parenting time schedules, but only if the evidence shows that doing so is in the child’s best interests.

Some key legal points to understand:

  • Joint physical custody does not require a perfect 50/50 split, the real focus is on substantial, dependable time in both homes backed by a clear plan that parents can follow and the court can enforce.
  • Even with joint physical custody, courts often still designate one parent as the “custodial parent” for technical purposes, like determining which home is primary for school or how certain guideline provisions are applied.
  • The trend in Indiana is toward more shared parenting time and more robust schedules for both parents, especially when both are involved caregivers and there are no serious safety concerns.

A judge might approve 50/50 custody Indiana when parents live close together, communicate reasonably well, and can present a schedule that works with school and activities. For younger children, courts sometimes use week on / week off or similar rotations, while for school age children you more often see 2‑2‑3 or 2‑2‑5‑5 type schedules to keep the school week predictable.

When Equal Parenting Time Works And When It Does Not

It is natural to think of 50/50 custody as “fair.” Each parent gets equal time, both stay active, and the child does not feel like they are just “visiting” one parent. In many families, equal parenting time Indiana truly is a healthy and workable solution, but it is not the right fit for every household.

Equal parenting time tends to work best when:

  • Parents live relatively close to each other and to the child’s school
  • Both parents have been hands on caregivers, not just one doing all the day to day work
  • Communication is at least functional, even if not friendly
  • Parents can follow court orders and cooperate on exchanges, schoolwork, and activities
  • There are no serious safety issues like active substance abuse or domestic violence

Judges may hesitate to order joint physical custody Indiana or a true 50/50 schedule when:

  • Parents live far apart, making daily or frequent exchanges unrealistic
  • One parent has historically handled almost all caregiving while the other has had limited involvement
  • Conflict is high and communication routinely breaks down
  • There is a pattern of domestic violence, coercive control, or significant substance abuse
  • A child has special needs that require a very stable, consistent routine

In these situations, courts sometimes lean toward one primary home with parenting time for the other parent that is at least at the guideline minimum, and in many modern cases more than that, as long as it is safe and child focused.

Key Factors Courts Consider in 50/50 Custody Cases

When a judge is asked to approve or reject a 50/50 custody Indiana proposal, the legal test is still the best interests of the child, but the practical questions become very specific. Judges look not only at what you want, but at how it would work on a random Tuesday during the school year.

Parental caregiving history
Courts look closely at who has been getting the child ready for school, taking them to doctor appointments, attending parent teacher conferences, and managing day to day life. A parent who has been consistently involved has a stronger foundation for equal parenting time than someone who is just now stepping into an active role.

Ability to cooperate and communicate
Shared parenting is hard to make work if parents cannot share basic information or stick to agreements. Judges know that constant conflict hurts children, so they take a realistic look at communication patterns, willingness to co parent, and whether each parent can put the child’s needs ahead of scoring points against the other parent.

Logistics and distance
For 50/50 to work, school, exchanges, and activities have to be manageable. If one parent lives 45 minutes away from school, a 2‑2‑3 schedule may mean a lot of time in the car and less time sleeping or studying. Judges will ask about commute times, work schedules, available transportation, and how reliable each parent is with pickups and drop offs.

Child’s age, needs, and preferences
Younger children may need shorter, more frequent contact to build secure attachments in both homes. Older children sometimes have strong opinions, long days of school and activities, and homework that can be disrupted by too many transitions. Indiana law allows courts to give more weight to the wishes of older children, especially those 14 and up, but the child’s preference is only one factor.

Safety and stability
If there is evidence of abuse, neglect, substance misuse, or other safety concerns, judges often become cautious about equal parenting time. The court’s job is to protect the child, so safety issues can result in restricted or supervised parenting time until concerns are resolved.

How Indiana Parenting Time Guidelines Affect Equal Schedules

The Indiana Parenting Time Guidelines play a big role in most custody cases, even when parents are asking for something more customized. The Guidelines were created by the Indiana Supreme Court as a framework to create child focused parenting plans, and they set minimum standards for parenting time while emphasizing consistency, predictability, and cooperation.

The important thing for parents to remember is that the Guidelines are a starting point, not a ceiling. They describe a default schedule that is presumed reasonable in the absence of other evidence, but courts can and do deviate when that is in the child’s best interests.

For parents seeking more equal parenting time Indiana, the Guidelines specifically reference shared and equal time schedules, including:

  • 2‑2‑3 schedules
  • 2‑2‑5‑5 schedules
  • Week on / week off schedules

These schedules work differently, but they all aim for roughly half of the overnights in each home over time. They usually depend on parents living near each other and being able to coordinate school, activities, and daily routines.

The Guidelines also address practical details that matter in equal parenting time setups, such as expectations for following the schedule as ordered, how and when to request changes and make up time, limits on make up time when parents already share equal periods of parenting time, and the idea that parenting time is both a right and a responsibility.

If you are thinking about 50/50 custody, it often helps to read the Indiana Parenting Time Guidelines in full and then talk with an attorney about how they apply to your situation.

Building and Presenting a 50/50 Parenting Plan

Courts respond better to concrete, thoughtful plans than to vague statements like “we just want equal time.” If you are serious about 50/50 custody Indiana, you will want to come to the table with a detailed parenting plan that shows you have thought through the daily realities of your child’s life.

Strong 50/50 parenting plans typically:

  • Spell out the specific schedule, whether it is 2‑2‑3, 2‑2‑5‑5, or week on / week off, and the exact exchange days and times.
  • Address school and daycare by specifying who handles morning drop off and afternoon pickup on which days, and what happens if someone runs late.
  • Cover transportation and exchanges, including where exchanges occur, who drives, and how last minute changes are communicated.
  • Discuss decision making, especially if you have or want joint legal custody and need a plan for resolving disagreements about medical care, schooling, or extracurriculars.
  • Plan for holidays and breaks, explaining how holidays, birthdays, and school vacations are divided or alternated, and whether they override the regular 50/50 pattern.

Courts want to see that your proposal is not just about splitting time equally on paper but about supporting your child’s stability and relationships. Helpful evidence can include calendars showing each parent’s involvement, school and daycare records, communication logs that show cooperative co parenting, and testimony from teachers, coaches, or other adults who know your child’s routine.

Some families also consider including “step up” provisions where time gradually increases toward 50/50 as a younger child grows or as a parent successfully addresses prior concerns like substance abuse or unstable housing.

Modifying Parenting Time To Move Toward (Or Away From) 50/50

Not every case begins with equal parenting time. Sometimes a parent starts with Indiana Parenting Time Guideline contact or less and, over time, life changes. Jobs stabilize, communication improves, or the child gets older and better able to handle transitions.

Indiana law allows parents to seek modification of custody and parenting time orders if there has been a substantial change in circumstances and if the requested change is in the child’s best interests.

For parents who want to move toward equal parenting time Indiana, the path might involve consistently exercising current parenting time, demonstrating improved communication with the other parent, documenting involvement in school and health care, and proposing a phased increase in overnights that gradually leads to 50/50.

There are also times when a 50/50 custody Indiana arrangement needs to be revisited. If a parent relocates, if conflict becomes unmanageable, or if safety issues arise, a court can consider moving away from equal parenting time or adjusting the schedule to better protect the child and restore stability. Judges take modification requests seriously and look for credible evidence of changed circumstances, not just frustration with the existing order.

Working With an Indiana Child Custody Lawyer

Shared parenting time and joint physical custody Indiana cases can be some of the most complex and emotional matters in family court. On paper, 50/50 looks simple. In real life, it touches where you live and work, how you schedule your days, and how your child feels walking into school on Monday morning.

An experienced Indiana child custody lawyer helps you understand how judges in your county tend to view equal parenting time, assess whether 50/50 is realistic and safe based on your facts, develop a detailed and child centered parenting plan, gather and present evidence that shows you can make shared parenting work, and respond strategically if the other parent requests 50/50 custody Indiana and you have concerns about practicality or safety.

Ciyou & Associates, P.C. represents parents across Indianapolis and throughout Indiana in custody and parenting time disputes, including shared parenting and joint physical custody Indiana cases. Many clients come to the firm with specific questions about equal parenting time Indiana, and the firm’s lawyers work to align legal strategies with the realities of each family’s life. If you are considering a 50/50 arrangement or rethinking an existing schedule, a focused consultation can help you see the path forward more clearly.

Moving Forward With Confidence

Shared parenting time in Indiana is not just a buzzword. It reflects a real shift toward recognizing that, in many families, children benefit from strong, ongoing relationships with both parents after separation or divorce. At the same time, equal parenting time Indiana is not automatically appropriate in every household, and not every case is a good candidate for joint physical custody.

Courts are looking for parenting plans that are realistic, child centered, and grounded in the best interests of your child. That means focusing on your parenting history, your capacity to cooperate, the practical logistics of your schedule, and your child’s age and needs. When those pieces line up, 50/50 custody Indiana and shared parenting time Indiana can provide a solid foundation for your child to maintain deep connections in both homes.

If you are in Indianapolis, Carmel, Fishers, Noblesville, Zionsville, Westfield, Greenwood, Avon, Brownsburg, or anywhere else in Indiana and you need help understanding or pursuing equal parenting time Indiana, Ciyou & Associates, P.C. is ready to help. You can discuss your goals, your concerns, and your child’s needs with an attorney who understands both the law and the realities of modern co parenting.

Talk With An Indiana Child Custody Attorney

If you are considering 50/50 custody, facing a shared parenting proposal you are not sure about, or thinking about modifying an existing schedule, you do not have to figure it out alone. Ciyou & Associates, P.C. helps parents across Indiana navigate child custody, joint physical custody Indiana, and shared parenting time disputes with strategic, child focused representation. To schedule a consultation and talk through your options, call (317) 210-2000 and speak with an Indiana child custody attorney about the best path forward for your family.

Frequently Asked Questions

What is 50/50 custody in Indiana?

50/50 custody Indiana generally refers to parenting arrangements where each parent has the child for roughly half of the overnights in a year, often through patterns like week on / week off, 2‑2‑3, or 2‑2‑5‑5 schedules. The goal is substantial, reliable time in both homes, not just exact mathematical equality every single week.

Does Indiana law presume parents should have equal parenting time?

No. Indiana law does not presume an automatic right to equal parenting time. Courts start from the best interests of the child standard, which looks at statutory factors like relationships, caregiving history, stability, and safety, along with the overall policy that children usually benefit from frequent, meaningful contact with both parents.

Can high conflict parents get joint physical custody in Indiana?

It is possible, but high conflict often makes courts cautious about joint physical custody Indiana. Judges know that 50/50 arrangements require at least basic cooperation and communication. When there is significant conflict, chronic interference with parenting time, or a pattern of hostility, courts may decide that an equal parenting time Indiana schedule is not in the child’s best interests and opt for one primary home with a robust but more structured schedule for the other parent.

How do Indiana courts decide if a 50/50 schedule is in a child’s best interests?

Courts weigh many factors, including the child’s age and needs, each parent’s caregiving history, the child’s ties to home, school, and community, the mental and physical health of everyone involved, the parents’ ability to cooperate, and any history of domestic violence or substance abuse. Courts also look closely at logistics like distance between homes and work schedules to see whether a proposed equal parenting time schedule is practical, not just theoretical.

Can a 50/50 custody arrangement be changed later?

Yes. Parenting time and custody orders can be modified when there has been a substantial change in circumstances and when modification is in the child’s best interests. That can mean gradually moving from a guideline schedule toward equal parenting time Indiana, or it can mean moving away from 50/50 custody Indiana if relocation, conflict, or safety issues make the original plan no longer appropriate for the child.

Disclaimer

This blog is for informational purposes only and is not legal advice. Reading it does not create an attorney client relationship with Ciyou & Associates, P.C. Child custody and parenting time decisions are highly fact specific, and outcomes can vary widely from case to case. If you have questions about shared parenting time, joint physical custody Indiana, or 50/50 custody in your situation, you should consult a lawyer licensed in Indiana to obtain advice tailored to your circumstances.

 

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