The other type of custody is legal custody. Under Indiana`s custody laws, it`s about who has the right to make the most important decisions for the child in terms of health, education, welfare, and child support. For example, whether the child is raised Catholic or Baptist or not. For the most part, the dynamic that brought parents together does not make it a major point of contention. Joint custody is more appropriate and is likely to be ordered because the parties are less likely to disagree in principle. Custody can only be transferred to the custodial parent or jointly to both parents. In Indiana, child custody is based on the best interests of the child. What is in the best interests of the child is determined by the court on the basis of an analysis of a number of factors established by law. Custody is determined by the decision of the court, which is in the best interests of the child. What is in the best interests of the child is determined by the outcome of the forensic analysis of a number of factors established by law, including the wishes of the parents, the interaction and interaction of the child with his parents, siblings, etc., the child`s adjustment to his or her home, school and community. and the mental and physical health of all concerned. If this is not an option, the court will make a decision on custody and parenting time as part of the final dissolution order that governs each party`s time.

Once custody is initially decided, under Indiana custody laws, an Indiana court may change custody if the applicant demonstrates in the evidence that there is a substantial change in circumstances such that the change of custody is in the best interests of the children. The essential modification requirement applies to physical and legal custody and also applies to paternity matters. There are commonalities between all state laws, when it comes to custody issues in divorce and after divorce (called after divorce). In particular, all courts in the country focus on the best interests of the child. The same applies to cases of paternity. Divorced couples often face custody and visitation issues as soon as they separate. The courts generally respect long-term and short-term custody agreements agreed to by parents. If the parties cannot agree, the court may issue an injunction setting the provisional time limit. There are two basic forms of detention in Indiana – legal custody and physical custody. This information cannot be used as legal advice. For more legal assistance and information, please consult an Indiana family law expert regarding Indiana custody laws.

For a list of resources in Indiana, visit our Useful Links – Indiana page. The OurFamilyAssistant website provides co-parents® with the tools and resources they need to easily manage their custody arrangements. In some cases, a guardian ad litem is recommended to help the court obtain more information about each parent and their relationship to the child. Often, the court or your lawyer may recommend or require the appointment of a custody expert or guardian to help you determine custody in your case. Paragraph 13. The court may award joint custody of a child if it considers that joint custody is in the best interests of the child. Custody refers to how to deal with important decisions that arise in a child`s life. Parents may share joint custody or one of the parties may have sole custody. In order to support an application for a change in custody or access arrangements, the parent requesting the change must demonstrate a material change in circumstances. The courts will almost always consider an application for a variation if it is proven that the child is at risk under the current custody agreement.

If the court approves the content of the custody and maintenance part of the agreement, it can be included in the divorce decree. Since the best interests of the child must always be determined by the court, this part of the agreement is not automatically included. Indiana custody laws and family courts do not initially assume that the best interests of the child will be realized with one co-parent rather than another. This will be decided by the court after both co-parents have been questioned and observed about a number of factors that highlight their ability to care for their child. All of these factors are considered when the court establishes a custody agreement. Some of these factors are as follows. Until your child turns 18. The court decides on custody. However, at the age of 14, the court takes the child`s wishes into account in this decision.

Section 15. In determining whether the award of joint custody under subsection 13 of this chapter is in the best interests of the child, the court shall consider as a paramount but not overriding issue the fact that the persons granted joint custody have consented to joint custody.  The court must also consider the following: While Indiana laws and custody courts may consider several factors in determining custody, they always protect the best interests of the child above all else. For co-parents seeking a custody agreement, it`s important to familiarize yourself with state laws, as they often vary slightly across the country. 1. the suitability and suitability of each person to whom joint custody has been granted; Indiana`s custody laws set out the procedure for making an initial custody decision. Such an initial custody provision determines who has physical custody when a divorce or legal separation is completed, with the other parent on parental leave. In the initial decision in a divorce case, the court treats the sexes equally and judges do not take gender into account.