Child custody battles can be incredibly stressful and emotional for everyone involved, but knowing the laws in Indiana can help prepare you for what to expect throughout the process. Whether you are divorcing or separating from your partner, it is essential to understand how Indiana’s child custody laws operate.
Types of Child Custody in Indiana
There are different types of child custody in Indiana, and understanding each one is crucial in determining the best arrangement for your family.
Physical vs. Legal Custody
Physical custody refers to where the child resides, while legal custody pertains to decision-making regarding the child. For instance, legal custody includes decisions regarding the child’s education, healthcare, religious upbringing, and extracurricular activities.
Sole vs. Joint Custody
Sole custody refers to when one parent has exclusive physical and legal custody of the child. Joint custody means both parents share legal and physical custody of their child.
How Child Custody Decisions are Made in Indiana
Indiana courts base their child custody decisions on the best interest of the child. When determining what is in the child’s best interest, the court considers several factors, including:
- The child’s physical and emotional needs
- Both parents’ capabilities to foster a healthy relationship between the child and the other parent, ensuring joint custody
- The child’s educational needs
- The child’s relationship with other family members
- Each parent’s willingness to encourage a healthy relationship between the child and the other parent
- Each parent’s wishes concerning the child, and their legal and physical custody
The court can also take into account any domestic violence or child abuse allegations when determining the best interest of the child.
How to Seek Child Custody in Indiana
If you are seeking child custody, you must file a petition with Indiana’s family court. The petition must include the following information:
- The child’s full name, date of birth, and address
- Each parent’s current address and contact information
- A statement of the type of custody requested (physical and legal)
- The petitioner’s willingness to accept responsibility for the child’s care
- A proposed parenting time schedule
- Any other relevant information about the child’s needs
After filing the petition, the other parent will receive a summons to respond to the allegations included in the petition.
Modifications to Child Custody Orders
Sometimes, the current child custody order may no longer fit your family’s needs. In such cases, either parent can file a petition requesting a modification to the child custody order. You must show a substantial change in circumstances, such as a change in either parent’s location, job, or medical condition, to modify the current child custody arrangement.
Conclusion
Child custody battles can be emotionally and mentally draining, and it is essential to understand the laws and processes involved. No matter your situation, remember that the best interest of your child takes priority. Seeking legal help from a family law attorney can significantly improve your chances of getting fair child custody arrangements in Indiana.