If you are facing a child custody case in Indiana, you may be wondering how you can increase your chances of obtaining a favorable custody arrangement. While there is no guaranteed formula for success in a child custody case, there are several steps you can take to prepare yourself and your matter for the best possible outcome. This blog explores frequently asked questions regarding Indiana child custody and offers some key strategies for increasing the chances of obtaining a better custody arrangement.
If you need assistance with an Indiana child custody matter, we invite you to call Mattox & Wilson at 812-944-8005 to schedule a consultation with an experienced New Albany child custody attorney. We also invite you to read through the following article to learn more about frequently asked questions about child custody, as well as strategies for increasing the likelihood of securing a favorable custody outcome.
Indiana courts make custody decisions based on the best interests of a child. They consider a wide range of factors when making this determination, including (but not limited to):
Indiana generally recognizes two types of custody: physical custody and legal custody. Physical custody refers to where a child will live and who will be responsible for their daily care. Legal custody refers to the authority to make major decisions about a child’s upbringing, such as education, medical care, and religious upbringing. Custody can be awarded solely to one parent (sole custody) or shared between both parents (joint custody).
Yes, Indiana law allows a child’s preference to be taken into account in custody decisions, but it is not the only factor that the court considers. The weight given to a child’s preference depends on several factors, including the child’s age, maturity, and reasons for their preference, as well as any other relevant factors.
In Indiana, there is no specific age at which a child’s preference becomes determinative; however, greater consideration is given if a child is at least fourteen years of age. For younger children, the court may consider their preference but will also take into account other factors, such as the child’s relationship with each parent, the stability of the home environment, and the parents’ ability to meet the child’s needs.
It is important to note that a child’s preference is not the only factor that Indiana family law courts consider, and it may not be the deciding factor in custody decisions. The court will always prioritize the best interests of the child over any individual preference. Additionally, it is important to remember that the child’s preference may change over time as they grow and develop, and the court may need to revisit custody arrangements accordingly.
Overall, while a child’s preference can be taken into account in Indiana child custody decisions, it is just one of many factors that the court considers when making these important determinations. Parents and their attorneys should be prepared to present evidence and arguments based on all relevant factors to make the strongest case for their desired custody arrangement. As experienced New Albany child custody attorneys, we can listen to the facts of your case, explain your legal options, and tenaciously fight for the best possible outcome in your custody case.
No, Indiana courts do not favor mothers over fathers in child custody matters. Indiana law requires that custody decisions be made in the best interests of the child, without regard to the gender of the parents.
As mentioned above, Indiana law specifically states that the court must consider a variety of factors when making custody decisions, including the child’s age and sex, the wishes of the parents, the child’s relationship with each parent, and any history of domestic violence or substance abuse. Indiana courts also recognize that children benefit from having a meaningful relationship with both parents whenever possible.
While there may have been a historical preference for awarding custody to mothers in the past, this is no longer the case in Indiana or in many other states. Today, courts are much more likely to consider each parent’s abilities and willingness to care for the child, as well as the child’s best interests, when making custody decisions.
If you have questions or concerns regarding child custody, we invite you to call Mattox Wilson to schedule a consultation with an experienced New Albany custody attorney today to learn how we can tenaciously fight for your rights.
Now that we have covered some basic information about child custody in Indiana, let’s explore some strategies for increasing your chances of obtaining a favorable custody arrangement.
If you are facing a contentious child custody battle in Indiana, it is crucial to have an experienced custody lawyer by your side. At Mattox & Wilson, our Indiana child custody attorneys can help navigate the complexities of the legal system and seek to protect your rights as a parent. Don’t wait any longer to secure the legal representation you need. Call Mattox & Wilson today to schedule a consultation and take the first step towards seeking a positive outcome in your child custody case.