Child custody is a matter of the parental authority as well as the legal responsibility of a parent over and on behalf of a child. The outcome of these decisions will determine who can legally make decisions about a child’s education, health, visitation, religion, and overall welfare. The process for child custody cases and determinations can vary depending on state law and other factors.
The goal is to reach an agreement through mediation, or have a determination handed down by a judge or legal authority, in a way that takes into consideration the best interests of the child. In child custody situations where there are disputes, each parent or party has the right to present their case, with facts and circumstances.
What is Child Custody?
Child custody can be a highly contentious issue, particularly depending on how the relationship ended and what other emotional and financial issues may remain unresolved. The main point of contention is usually around where the child will live and who will make decisions on the child’s behalf.
If the parents are not able to come to an agreement on these child custody issues, the court will need to decide what is in the best interests of the child. Of course, family law is also governed by the custody procedures in Indiana, which is why it’s so important to know what Indiana Child Custody Law says.
What Are the Kinds of Child Custody?
The two main types of child custody are physical custody and legal custody. The two types allow you to differentiate between who the child lives with and who has the right to make legal decisions on behalf of the child. It may be that you have both or you file for both physical custody and legal custody as part of sole custody.
You could also have or file for joint custody, which means that you share physical custody in some split time schedule that has been agreed upon or ordered by the court. In joint custody, legal custody can encompass a range of health and wellness determinations as well as religious affiliation.
What Does the Indiana Child Custody Law Say?
In the case of a divorce or breakup, the parents and/or involved parties come up with a child custody plan or agreement. The plan includes who the child or children will live with, what the visitation schedule will look like, and what child support will entail.
Issues with domestic violence can be part of the consideration. The Indiana court may consider the child’s wishes, depending on the age of the child and other factors involved in the case, including whether cooperation is possible, the relationships, as well as emotional and physical environments.
How is Child Custody Decided in Indiana?
In many cases, the child custody terms can be determined after discussion between the parents or via a mediator. If there is a dispute, an Indiana judge will decide what is in the best interest of the child. The court will consider, the living situation of each parent, the child’s age, and any history of abuse or neglect if relevant.
An Indiana judge does not have to order joint custody. They can also order single-parent custody in the case of custody dispute, depending on the facts in the case. The judge looks at the case and the dispute. Then, the judge determines in favor of the situation that is in the best interest of the child.
Next Step: Schedule a Consult with a Child Custody Attorney
Child custody attorneys are the best resource you have right now, as you consider how to move forward with your child custody case. You need representation. It’s not only in your best interests to have someone who can protect you from the worst of the legal back-and-forth. It’s also the best option for your child.
Child custody attorneys will represent you and your child, but they will also offer advice and insight, based on experience with the court, judges, and opposing counsel. It’s advice that you can’t get anywhere else, but it’s also so essential to have a qualified and certified lawyer in your corner as you move forward with your child custody dispute in Indiana.
Call child custody attorneys today to get the help you need.
