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Indiana custody: Key answers for parents

On Behalf of | Nov 6, 2024 | Child Custody

Parents may share legal custody, which involves jointly making decisions. Or one parent might can have sole legal custody, giving them full decision-making authority. Physical custody can also be joint or sole, depending on the best interests of the child.

How does the court decide custody?

The court focuses on the child’s best interests when determining custody. Indiana courts consider factors like the child’s age, the parent’s wishes, and any history of domestic violence or abuse. The court also evaluates the child’s relationship with each parent and their ability to provide a stable environment. If parents can agree on a custody arrangement, the court usually adopts their agreement. If not, the court decides after a hearing.

Can custody orders change?

A parent needs to demonstrate that there have been changes in circumstances since the initial order. This change must affect the child’s welfare. Common reasons for modification include:

  • A parent’s relocation
  • Changes in the child’s needs
  • Worries regarding a parent’s capacity to care for the child

The court will evaluate the request and decide based on the child’s best interests.

What role does mediation play in custody cases?

Mediation plays a significant role in resolving custody disputes in Indiana. It offers parents a chance to reach an agreement without going to trial. During mediation, a neutral third party helps parents discuss and resolve issues related to custody.

If parents reach an agreement, it becomes part of the court order. Mediation can save time and reduce conflict compared to a court trial. Consulting with an experienced attorney can provide further guidance tailored to individual circumstances.

How is parenting time determined?

Parenting time is determined based on the Indiana Parenting Time Guidelines. These guidelines provide a framework for structuring parenting schedules. Their goal is to make sure the child sustains a meaningful relationship with both parents. The guidelines consider the child’s age and the distance between parents’ homes.

Understanding these aspects of child custody can help parents prepare for the process in Indiana. By focusing on the child’s best interests, parents can face custody arrangements more effectively and foster a supportive environment for their child’s growth.