When you and your spouse file for divorce in Indiana, one of the most important issues that you need to resolve is child custody. Your custody order determines which one of you can make decisions for your child and where he or she will live post-separation.
How do Indiana courts determine custody?
Indiana courts look at several factors when deciding custody, including:
- Your child’s age and sex
- Your child’s adjustment to their home, school and community
- The physical and mental health of everyone involved
- Each of your respective wishes
- Any history of domestic violence or abuse from either you or your spouse
The court’s primary goal is to create an arrangement that is fair and promotes the child’s stability, safety and overall well-being.
What is legal custody?
Legal custody refers to the right to make major decisions about your child’s upbringing. These decisions can include education, healthcare, religion and general welfare. In Indiana, legal custody can be joint or sole.
In joint legal custody, you and your spouse will share the responsibility of making important decisions for your child. This arrangement works best when both of you can communicate effectively and cooperate on key issues involving your children.
In sole legal custody, only one of you has the authority to make decisions for your child. Courts may award sole legal custody in cases where joint decision-making is not practical or when conflict between parents would make shared authority harmful to the child.
What is physical custody?
Physical custody concerns where your child lives regularly. Indiana courts emphasize the importance of “parenting time” rather than “physical custody” to highlight the time both parents spend with their child.
For instance, if the court awards you primary physical custody, your residence will be the home base where your child will spend most of their time. Your spouse will then follow a parenting time schedule, commonly known as “visitation.” The exact type of custody and parenting time arrangement will depend on your child’s best interests and your respective circumstances.
How does joint custody work in Indiana?
Joint custody usually means that you and your spouse will share responsibility for your child. However, this does not necessarily mean that your child will spend an equal amount of time with each of you. Instead, it means you will share responsibilities in a way that supports your child’s needs and safety.
How does sole custody work in Indiana?
Sole custody means you or your spouse will have primary authority over important decisions or living arrangements, depending on the type of custody being discussed. A court may prefer this structure when one of you is unable to cooperate in a joint arrangement.
Custody issues can feel overwhelming, especially when you are trying to do what is best for your child. However, you are not alone on your journey. By seeking the help of legal counsel, they can inform you of your available options and advocate for your rights throughout the entire process.