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Your children are likely the most important people in the world to you. When a divorce is happening, it’s hard to imagine not having your children with you every night.
We understand.
If children are involved in your divorce or separation, it will be critical to obtain the services of an experienced child custody attorney. As New Albany child custody lawyers, we work hard to get our clients the best results possible under the law. Call us to learn how we can help you.
For parents, it’s important to understand several aspects of how Indiana law applies in child custody matters:
Child custody cases are among the most sensitive legal matters, and they demand a focused approach tailored to the unique needs of each family. As a child custody law firm with decades of experience, we prioritize your child’s well-being and your peace of mind. Whether you’re facing a contested divorce, modifying an existing custody order, or navigating the path to legal guardianship, we’re here to stand by your side. Call our office today to schedule a consultation with an experienced child custody attorney.
Indiana recognizes several types of custody designed to address both the physical and legal aspects of a child’s care. Understanding these types of custody considerations can help parents know what options might be available to them in a custody dispute or agreement.
Physical custody refers to where the child lives. In most situations, one parent will have primary physical custody, which means that the child will live more than 50% of the time with that parent. The other parent will then have visitation rights (now referred to as “parenting time”), which will include having the child live with them. Even if a parent does not have primary physical custody, the parent can still have joint legal custody of the children.
Legal custody involves the right to make significant decisions about the child’s life, including education, healthcare, religious upbringing, and general welfare. Like physical custody, legal custody can be sole or joint.
Sole custody can refer to both physical and legal custody being awarded to one parent. This parent has both the primary responsibility for the day-to-day care of the child and the exclusive right to make decisions about the child’s upbringing. Sole custody is less common and is usually awarded when the court believes it’s in the best interests of the child, such as in cases where one parent is deemed unfit or unable to care for the child.
Joint custody involves both parents in the child’s life. It can include any combination of joint legal and joint physical custody. Joint custody arrangements require parents to work together to make decisions in the best interests of the child and often necessitate a detailed parenting plan to outline how decisions will be made and how time with the child will be shared.
Shared custody is a form of joint custody where children spend an approximately equal amount of time with each parent. This arrangement is less common and requires a logistical setup that supports the child’s needs, including maintaining stability in schooling and community ties.
Because of the many possible arrangements involving physical and legal custody, it will be critical to retain an experienced Indiana child custody lawyer if you have minor children and are in the process of divorcing.
In Indiana, the process for determining child custody centers on the “Best Interests of the Child” standard. This standard ensures that all custody decisions made by the courts prioritize the well-being and stability of the child involved in a custody dispute following a divorce or separation.
Indiana courts meticulously examine a variety of factors to discern what arrangement will best serve the child’s needs and interests, including:
The subjective nature of the “Best Interests” standard means that each custody case in Indiana is unique and requires a thoughtful, individualized approach. This necessitates the involvement of a dedicated child custody attorney who can effectively advocate for a parenting arrangement that aligns with the child’s best interests while also considering the client’s goals.
As New Albany child custody attorneys with decades of experience, we bring a comprehensive understanding of Indiana’s child custody laws and a commitment to fostering positive outcomes for families navigating these challenging circumstances.
If you have questions about child custody in Indiana, please call our office. We would look forward to meeting with you at a time that is convenient with your schedule to learn about your matter.
