An Indianapolis Child Custody Lawyer: Determining Child Custody In Indiana
At Frangos Legal, LLC, we understand that legal issues involving your children, especially child custody disputes, can be emotionally draining. Our founding attorney, David Frangos, has dedicated his legal career to helping families in Indianapolis and the surrounding communities with their legal challenges. He is committed to offering straightforward legal advice and practical wisdom to help you understand the child custody laws in Indiana and resolve your child custody conflicts.
Determining Child Custody In Indiana
When it comes to determining child custody, Indiana courts prioritize the best interests of the child above everything else. This means that the court’s primary concern is to protect the child’s physical, emotional and psychological well-being. Because of this, the court has a great deal of discretion to make decisions in child custody cases. Ultimately, the goal is to create a custody arrangement that allows the child to thrive and maintain a healthy relationship with both parents.
What Is The Difference Between Physical Custody And Legal Custody?
In Indiana, there are two types of child custody that must be decided. These are:
- Physical custody: Physical custody identifies the day-to-day care and supervision of the child, including where the child will live and who will provide daily care for the child.
- Legal custody: Legal custody, on the other hand, refers to the decision-making authority regarding the child’s upbringing, education, health and welfare.
In some cases, parents may share joint physical custody, but one parent may have sole legal custody. Alternatively, parents may share joint legal custody, but one parent may have primary physical custody. Whether you are going through a divorce or were never married but are separating from your child’s other biological parent, a family law attorney can help you reach a custody agreement and parenting plan, or advocate for your interests in court.
What Factors Do Indiana Courts Consider When Determining Child Custody?
When determining child custody, Indiana courts consider a range of factors, including:
- The child’s age
- The child’s relationship with each parent
- The child’s adjustment to home, school and community
- The mental and physical health of all parties involved
- The ability of each parent to provide a stable and loving environment
- Any evidence of domestic violence or abuse, including emotional abuse
- The wishes of the child, if the child is old enough to express a preference
Every family’s circumstances are different. Therefore, these factors are not exhaustive. The court may consider other relevant information when making a custody determination. Oftentimes, parents work together to negotiate a settlement regarding child custody, visitation and parenting time. The mediation process can be helpful for parents to collaborate on a solution and a parenting plan that works best for their family’s unique needs.
Can You Make Changes To A Custody Order In Indiana?
Indiana laws recognize that circumstances can change. As a result, it is possible to make changes to a custody order in Indiana. Parents can seek a modification of their custody order if there have been significant changes in a family’s circumstances. Changes that qualify as significant can include:
- A change in a parent’s employment status
- A parent’s move to a new location
- A change in the child’s needs
To modify a custody order, a child custody modification lawyer can help you file a petition with the court. You will need to be able to demonstrate that the change is in the best interests of the child. A child custody attorney can help guide you through this process and ensure that your rights are protected.
Speak With An Indianapolis Child Custody Lawyer
If you have questions about Indiana’s child custody laws or need legal guidance with a child custody dispute, Frangos Legal, LLC, can help. It is important to find an experienced family lawyer who can provide straightforward legal advice. Our experienced child custody attorney is available by appointment for confidential consultations. To schedule an appointment, call us at 317-348-2150 or send us a message through our website.