In India, Custody Refers To Parenting Times?

Indiana courts often use the term “parenting time” instead of physical custody or visitation to emphasize the importance of the time both parents spend with their children. One parent may have sole or primary physical custody, or both may share parenting. The Indiana custody guidelines list four primary methods of enforcement when it comes to parenting time orders: contempt sanctions, injunctive relief, and criminal.

The Indiana Parenting Time Guidelines and commentary set forth when a non-custodial parent should have the kids. They were adopted by the Indiana Supreme Court and are used to determine the minimum amount of custody time a non-custodial parent should receive based on the child’s age. These guidelines represent the minimum time a parent should have to maintain frequent, meaningful, and continuing contact with a child.

In most cases, one parent has physical custody and the other has visitation or parenting time. In some cases, parents do have joint physical custody, but the Indiana Parenting Time Guidelines serve as a starting point for two parties engaged in crafting a parenting plan. The guidelines require the parents to divide this time in half, with the custodial parent receiving the first half of the break in even-numbered years and the non-custodial parent receiving the first half in even-numbered years.

The Indiana Parenting Time Guidelines are based on the premise that it is usually in a child’s best interest to have frequent, meaningful, and continuing contact with the child. Indiana courts use the guidelines as a model to help families when scheduling parenting time.

How is custody determined in Indiana?

In determining custody, a court will typically consider the best interests of the child, which may include factors such as the child’s age and sex, as well as the wishes of the child’s parents or guardians. This decision is made with the objective of ensuring the child’s safety and well-being.

Can a father get 50 50 custody in Indiana?

In Indiana, joint or 50/50 joint custody is not the law, but a skilled family law attorney can help navigate the legal process and make a strong case for joint physical custody. This is a trend towards joint custody, as it is generally the presumption that parents can work together to make decisions for their children on education, religion, and health care. However, in cases where parents cannot communicate and cannot agree on custody decisions, the court typically does not award joint legal custody.

In such cases, one parent may have sole legal custody. In some cases, the court may divide up legal custody, with one parent having sole medical and educational custody and the other sole religious custody. Legal custody is crucial for most parents, and to obtain the desired position, skilled domestic counsel is needed to develop evidence. The court must show that joint legal custody is in the children’s best interests, similar to physical custody.

What is parenting time in Indiana?

The Indiana Parenting Time Guidelines place significant emphasis on the importance of frequent, meaningful, and continuous contact between parents for the optimal development of the child. The guidelines assume that both parents play a significant and crucial role in their child’s development and well-being. Amendments were received through January 1, 2022, and the guidelines are henceforth referred to as “1-2” hours per week.

Can a 12 year old refuse visitation in Indiana?

A child cannot “decide” visitation with their other parent, as courts recognize that it is necessary for the child’s safety and well-being. Courts do not tolerate interference in court-ordered visitation without a serious reason, and only one parent can have a defense against preventing it if they genuinely believe the child will be in danger with the other parent. As the child gets older, it may be difficult for the custodial parent to force them to participate in visitation.

If the child is 16 years old and has a car, it may be challenging for the parent to force them to go to court-ordered visitation. If the situation is particularly difficult, the custodial parent can request a visitation modification in court, but they must have concrete reasons.

Divorce is a challenging process, and child custody and visitation are the most difficult aspects of a divorce. The orders entered for custody and visitation will change everyone’s life for several years, and the happiness and well-being of the child depend on getting things right the first time. If considering divorce in Indiana and having minor children, it is recommended to consult an experienced Indiana family law attorney.

How to get full custody as a mother in Indiana?

To determine custody, one must demonstrate their ability to provide for their child’s physical, emotional, and educational needs. For sole custody, one must demonstrate a stable and nurturing environment, including a steady income, a safe home, and a plan for education and healthcare. Co-parenting effectively is also crucial, as it involves being willing to communicate and cooperate with the other parent in making decisions about the child’s upbringing.

If the court believes the parent is unwilling or unable to co-parent, they may be less likely to award sole custody. Documenting concerns about the other parent’s ability to provide a safe environment is also essential, including evidence of substance abuse, domestic violence, or neglect. However, false accusations can harm the case, so only substantiate the concerns.

At what age does a child have a say in custody in Indiana?

Indiana does not allow children to choose their parent to live with, but their wishes are considered once they turn fourteen. However, the court will always do what’s in the best interest of the children, and if living with their other parent will not cause harm, there is usually no reason to deny the request. If you need assistance developing a child custody arrangement or want to discuss the circumstances of your case, reach out to an experienced Indiana family law attorney at Rowdy G. Williams Law Firm. You can schedule an initial case review by filling out the online contact form or calling 1-812-232-7400.

What is considered an unstable parent in Indiana?

Parents who are unfit to care for their children may exhibit a range of problematic behaviors or circumstances. These include abusive behavior, substance use disorders, mental health challenges, and financial difficulties that impede their ability to provide a stable and supportive home environment.

Can a 12 year old decide which parent to live with in Indiana?

Indiana child custody laws determine who receives custody of a child based on the child’s best interests. The court makes a determination until the child reaches age 18, but at age 14, the court considers the child’s wishes. There are two basic forms of custody in Indiana: legal custody and physical custody. Joint custody is a shared arrangement where the child lives with one parent, while sole custody is a separate arrangement where the child lives with both parents.

Can a father take custody from mother in Indiana?

After paternity is established, unmarried fathers have the same legal rights to seek custody and visitation as married fathers. However, the mother is presumed to have primary custody until a court order states otherwise. Unmarried fathers must petition the court to demonstrate their involvement in the child’s life and their ability to provide a stable environment. Indiana courts encourage joint custody arrangements, promoting the child’s welfare through active parental involvement. If joint custody is not possible, the court may grant visitation rights. Unmarried fathers are also responsible for financial support, using the income shares model, regardless of marital status.

Can a mother take a child from the father in Indiana?

In the absence of a court order to the contrary, the mother is typically granted physical custody of a child born to unmarried parents.

How hard is it for a father to get full custody in Indiana?

Both parents have the option of requesting sole custody, but they must present evidence that regular contact with the other parent would be detrimental to the child’s best interests. In such cases, the judge will consider any history of domestic abuse or neglect.