
Determining child custody arrangements can be an incredibly difficult process for any parent, whether it’s in the context of a divorce or a paternity case. If you are going through a divorce in Indiana, considering filing for divorce, or have a child that was born out of wedlock, it is important to understand the state’s child custody laws.
Our dedicated Indiana child custody attorneys at McNeelyLaw can help you negotiate a fair agreement in complex situations, and we can advocate for you in court if an agreement cannot be reached. Our full-service law firm assists parents in obtaining and modifying child custody and support orders in Indiana. Get legal counsel immediately to learn about your options and protect your rights.
Few legal matters carry as much weight as child custody. The decisions made during this process shape daily life for both parents and children for years to come.
McNeelyLaw regularly works with parents in a wide range of situations, including:
In Indiana, child custody is divided into two parts – legal custody and physical custody. Legal custody refers to who makes major decisions regarding how the child is raised, such as education, health care, and religion. Physical custody refers to where the child lives.
Legal custody can be awarded solely to one parent, or it can be awarded jointly to both parents. In determining whether to award joint custody, courts will consider, among other factors, whether the parents agree to share joint legal custody, the parents’ ability to communicate and cooperate in advancing their child’s welfare, and the physical and emotional environment of each parent’s home.
Physical custody may also be awarded to one parent only (often referred to as sole or primary custody) or shared by both parents (joint custody). Joint physical custody means a child will spend equal time with each parent. Parenting time arrangements (formerly called visitation) should be tailored to the needs of the child. A skilled family law attorney can help you craft custody and parenting time plans that are reasonable and healthy for your family.
In all custody decisions, the court’s primary standard is the best interests of the child. Judges weigh factors such as:
McNeelyLaw’s attorneys help clients understand how these factors apply to their specific situation, prepare for hearings, and present the strongest possible case on their child’s behalf.
An experienced child custody attorney who understands the relevant statutes and case law surrounding such cases can represent your interests and help avoid the risks of going in alone without legal representation.
As your attorneys, we bring numerous advantages to your case:
Child custody decisions have long-lasting consequences for your family. Waiting too long to get legal advice can limit your options. At McNeelyLaw, we have the necessary experience to help clients resolve their child custody disputes amicably or take their cases to court. Discuss your legal options with our Indiana child custody attorneys if you need assistance in negotiating, modifying, or enforcing a child custody arrangement. Call us today to get a case review.
Indiana courts base custody decisions on the best interests of the child. Relevant factors include each parent’s relationship with the child, their ability to provide a stable home environment, employment stability, mental and physical health history, any history of domestic violence or substance abuse, and each parent’s willingness to support the child’s relationship with the other parent.
Legal custody gives a parent the authority to make major decisions about a child’s education, healthcare, and religious upbringing. Physical custody determines where the child lives. Indiana courts can award either type of custody solely to one parent or jointly to both.
Yes. Unmarried parents who cannot agree on parenting arrangements can request a custody order through the court in a paternity proceeding. This order can cover paternity establishment, parenting time, decision-making authority, and child support.
A custody order can be modified if there has been a substantial change in circumstances since the order was issued. Examples include a parent relocating, a change in the child’s needs, or one parent failing to follow the current parenting plan. An attorney can help you file a petition to modify the order and present evidence of the changed circumstances.
You should contact a child custody attorney as soon as a custody issue arises, whether you are filing for divorce, establishing paternity, dealing with a non-compliant co-parent, or facing a relocation dispute. Early legal advice helps protect your rights and improves your ability to reach a favorable outcome.
