Custody of Children
There is nothing more important in a divorce proceeding than the custody of your children. When a couple with children files for divorce, one of the first decisions that must be made is the type of custody arrangements the couple will use to raise their children. Indiana courts encourage parents to formulate their own custody agreements. If custody arrangements cannot be agreed upon by the parents, however, a judge will step in and make custody decisions for them. Your children's future is too important to leave to chance. That is why it is essential in child custody cases to seek the advice of an attorney who is well versed in Indiana family law.
In any child custody case, there are two forms of custody that must be determined: physical custody and legal custody. Physical custody is granted to the party that the child will spend the majority of his or her time with. The parent who is awarded physical custody is referred to as the custodial parent. The parent who is not awarded physical custody is referred to as the noncustodial parent. Noncustodial parents will usually be granted visitation rights, including overnight visits and vacations. In some cases, both parents are granted physical custody and are said to share “joint physical custody.” In contrast, legal custody of a child gives a parent the right and obligation to make long-term decisions about the child’s upbringing. A parent with legal custody makes decisions about the child’s religion, medical care, schooling, and other important aspects of the child's upbringing.
The overriding factor used in custody determinations is what is in the best interests of the child. In making this determination, the judge will examine several factors, including the desires of both parents, the needs and wishes of the child, and the child’s relationship with each of the parents. Once the judge makes the “best interests” determination, other issues such as parenting time rights and child support arrangements are usually adjudicated.
Relocation Issues
Once the court issues an order for custody and parenting time, one parent may wish to move the child to another city or another state. In such cases, the relocating parent must provide written notice to the other parent of their intention to relocate at least 90 days before the intended move. The written notice must include the address of the new residence, a phone number where the relocating parent can be reached, the reasons for relocation and a revised parenting time proposal. Once written notice of relocation is received, the other parent must file an official objection to the relocation with the court within 60 days of receiving the notice or petition the court for a modification of the custody or parenting time order.
Call 812.238.2121 to Discuss Your Child Custody Case with an Experienced Family Law Attorney.
Before you agree to custody arrangements in a divorce proceeding, you should seek the advice of an experienced family law attorney. For the past 25 years, Eric Abel has devoted his practice to dissolution of marriage and child custody cases. The Abel Law Firm provides aggressive, compassionate representation in all family law matters. To discuss your case with an experienced family law attorney, call 812.238.2121 today OR contact us online.
