Child Custody Lawyers in Indiana

What Is the Definition of Child Custody in Indiana?

The child custody lawyers at Keffer Hirschauer LLP can help you understand the legal concepts related to custody in Indiana. Indiana custody laws basically define parental rights to make decisions about how to raise and spend time with the child. During the marriage, either parent or both parents may make such decisions. After a petition for divorce is filed, the court may enter an order naming one or both parents to have this authority while the divorce is pending. When the divorce is final, the dissolution decree will provide whether one or both parents have the right to make decisions regarding the child’s upbringing.

What Is the Difference Between Legal and Physical Custody?

Indiana custody laws govern several aspects of what people consider “custody.” People think of “having custody” as having the children reside with them, but the law actually distinguishes between who has authority to make decisions about a child’s upbringing and where a child resides or spends time. Courts refer to the decision-making authority about the child’s upbringing as legal custody and to physical custody as parenting time.

Under Indiana Code § 31-17-2-17, legal custody means a parent’s legal right to make decisions regarding a child’s upbringing, which includes matters involving the child’s education, healthcare, and religious training. When the court awards legal custody to only one parent, that parent is said to have sole custody, meaning that parent has the right to make all of the decisions that impact the child’s upbringing. That said, the other parent need not consult the sole custodian on routine daily matters such as whether to let the child invite a friend over or what to pack for a school lunch. Alternatively, the court may award the parents joint custody. Joint custodians must work together to make decisions regarding the child’s upbringing.

Physical custody is not a separate concept but, instead, refers to the parenting time schedule. Indiana Code § 31-9-2-88.5 defines the parenting time schedule as when a child is to be in the care of each parent. The parenting time schedule is not necessarily determined by which parent has legal custody. For example, parenting time may be divided equally between the parents even if only one parent has legal custody.

In a divorce, the court uses the Indiana Parenting Time Guidelines as a starting point for determining an appropriate parenting time schedule. While one parent may be named as the primary custodian for certain purposes, such as determining the child’s school district, the parenting time schedule may divide the child’s time with each parent in whatever manner deemed to be in the best interest of the child.

Your right to raise and spend time with your children is precious. Let the experienced child custody lawyers from Keffer Hirschauer LLP help you obtain the custody order and parenting time you desire.

How Is Child Custody Determined in Indiana?

Indiana Code § 31-17-2-8 sets the overall standard that a divorce court must consider when making a custody order: the best interests of the child. In other words, the court considers the best interests of the child, not the parents, in determining whether one or both parents will be charged with making decisions about significant matters in the child’s upbringing.

In making a custody determination, originally or in a modification, the court must consider several factors:

• The child’s age and gender
• The wishes of the parent or parents
• The child’s wishes, although more consideration is given to the wishes of children age 14 and higher
• How the child interacts and relates with each parent, sibling, or other person who could significantly impact the best interests of the child
• The child’s adjustment to the current home, school, and community
• The mental and physical health of the parents, the child, and other involved individuals
• Evidence of domestic or family violence by either parent
• Evidence that the child has been in the care of a de facto custodian
• The designation in a parent’s or de facto custodian’s power of attorney

Indiana Code § 31-9-2-35.5 defines a de facto custodian as a person who has been a child’s primary caregiver and financial supporter for a set period of time, depending on the age of the child. If the divorce court determines that one or more children have been in the care of a de facto custodian, then it must also consider the factors listed in Indiana Code § 31-17-2-8.5(b):

• The wishes of the de facto custodian
• The extent to which the de facto custodian has cared for, nurtured, and supported the child
• The intent of the parent at the time of placing the child with the de facto custodian
• The circumstances under which the parent placed the child with the de facto custodian, including whether the placement was to allow the parent to find employment, to work, or to attend school

Again, when making a custody determination, the court views all required factors through the lens of the best interests of the child.