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;
(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.
[Pre-1997 Recodification Citation: 31-1-11.5-21(g).]
As added by P.L.1-1997, SEC.9. Amended by P.L.3-2008, SEC.237.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 17. Family Law: Custody and Visitation Rights
Chapter 2. Actions for Child Custody and Modification of Child Custody Orders
31-17-2-2. Application of Indiana Rules of Civil Procedure
31-17-2-3. Commencement of Proceeding
31-17-2-5. Responsive Pleading or Counter Petition
31-17-2-7. Court to Determine Law and Facts
31-17-2-8.1. "Disability"; Custody
31-17-2-8.5. Consideration of De Facto Custodian Factors
31-17-2-9. Court Interview of Child in Chambers
31-17-2-10. Professional Personnel; Court Consultation; Cross-Examination
31-17-2-11. Temporary Custodian
31-17-2-12. Investigation and Report Concerning Custodial Arrangements for Child
31-17-2-13. Joint Legal Custody; Finding Required for Award
31-17-2-14. Joint Legal Custody; Division of Physical Custody
31-17-2-15. Joint Legal Custody; Matters Considered in Making Award
31-17-2-16. Counseling for Child
31-17-2-17. Custodian May Determine Child's Upbringing
31-17-2-18. Continuing Supervision
31-17-2-19. Travel and Other Expenses of Witnesses
31-17-2-20. Confidentiality of Interview, Report, or Investigation
31-17-2-21. Modification of Child Custody Order
31-17-2-21.1. Delegation of Parenting Time During Deployment; Automatically Terminates Upon Return
31-17-2-21.2. Military Duties; Expedited Hearing; Allow Evidence by Electronic Means
31-17-2-21.3. Parent's Active Duty Service Not a Factor; Temporary Modification of Custody
31-17-2-21.5. Security, Bond, or Guarantee
31-17-2-21.7. Security, Bond, or Guarantee; Determinations
31-17-2-21.8. Parenting Time; Drug Testing
31-17-2-24. Notice of Passport Application for Child
31-17-2-25. Petition for Emergency Placement With Person Other Than Noncustodial Parent; Hearing
31-17-2-26. Submissions to the Court; Court Requests for Information