In Indiana, the court’s primary and overriding consideration is the “best interests of the child.” Factors that contribute to this determination include the child’s age, the wishes of the parents (and the child, if old enough), the child’s adjustment to their home and community and the mental and physical health of all individuals involved.
Child Custody
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Fort Wayne Child Custody Attorney
Child custody disputes may cause confusion, sadness and other negative emotions in a child’s life. Even uncontested separations can leave a child feeling caught in the middle between feuding parents. At the Indiana Bellinger Law Office, we help parents develop child custody and visitation arrangements that put their children’s best interests first. We work hard to minimize the stress on your family and secure a positive outcome.
There are two primary types of custody — legal custody and physical custody.
Fort Wayne Legal Custody Attorney
Legal custody refers to a parent’s right to make decisions on behalf of a child and to care for a child. Matters falling under legal custody include everything from requesting a child’s school report card to making important health care decisions. Unless there are extenuating circumstances, most arrangements support joint custody, meaning that both parents share this role.
Physical Custody Arrangements
Physical custody is what most people think of when they talk about child custody. It refers to designating one parent as the primary physical custodian (primary custody) and the other as the noncustodial parent. Generally, this is a major source of contention because the noncustodial parents (usually fathers) may feel that they will not spend enough time with the children. Our goal is to minimize feelings of animosity and develop a plan that favors both parents in a child’s life.
Child Custody and Mediation
In Indiana, mediation is mandatory for any family law matter involving children. Parents are required to discuss the issue in an open forum and encouraged to come up with a solution, or part of a solution, without court involvement. In general, mediation saves couples time and money, and often creates win-win solutions that work better for the parents and children.
Call a Fort Wayne Child Custody Lawyer Today
Contact The Bellinger Law Office for a child custody lawyer in Fort Wayne who will seek a favorable outcome for you and your children. Call us at 260-428-2214 or contact our family law office online. We serve clients throughout Allen County, Indiana.
FAQs About Child Custody in Indiana
What evidence is important to gather for a child custody case?
We can help you gather records such as school and medical reports, documentation of your support and involvement in your child’s life (like income that went toward your child’s needs, attending parent-teacher conferences or coaching sports) and communications between you and the other parent. Witness testimony from teachers, family members or counselors who can provide insight as to your parenting abilities can also be very powerful.
Is joint legal custody common in Indiana?
Indiana courts often favor joint legal custody unless there is a compelling reason not to, such as a history of domestic violence or substance abuse. The belief is that it is in a child’s best interest for both parents to be involved in major life decisions.
What happens if we cannot reach an agreement in mediation?
If you cannot resolve all issues in mediation, the unresolved matters will be presented to a judge for a decision at a hearing or trial. Any partial agreements made can still be submitted to the court for approval.
What does a final child custody order typically include?
A final order will typically designate legal and physical custody, as well as a detailed parenting time schedule. The order should also specify transportation arrangements and rules for communication between the parents. A clear and comprehensive child custody order can be a vital tool for preventing future disagreements.
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