What Type of Custody is Usually Best for Your Child?

First, you must realize that in Indiana, child custody decisions are always based on what is in the “best interests of the child.” This standard of “best interest of the child” (aka “BIOC”) considers factors such as the love, affection, and emotional ties between both parents and their child, the capacity of either parent to care for their child, and much more.

In most cases, joint or 50/50 custody is in the child’s best interest. Although this is not the law in Indiana, your skilled and empathetic child custody lawyer will assist you during this negotiation and litigation and work to make your best case for joint physical custody. Although, again, joint custody is not mandated by Indiana law, the courts exhibit a strong trend toward this solution as it’s usually what’s in the child’s best interest.

Another vital issue to note is that most critical decisions, such as custody, visitation rights, child support decisions, etc., should be discussed with your partner (and their lawyer) and decided upon before you appear before an Indiana judge; if you and your spouse cannot agree, then the judge has the power to choose for you. If you have a rational plan, in most cases, the judge will consider it strongly. If you have no plan to handle these significant issues, these matters may be out of your hands.

You must be painfully aware that, in the end, the Indiana judge has a great deal of discretion. The court will determine your custody issues and other compassionate matters in caring for your child if needed. These decisions will affect your (and your child’s) life for years to come, and it’s always the best practice to put forth a plan based on your wishes and not the Indiana courts.

Your knowledgeable, compassionate, and experienced Indiana divorce lawyer has helped numerous couples make amiable and rational decisions on child custody and other critical issues. Therefore, your lawyer’s advice and professional guidance will be invaluable during this process.

What Factors May the Indiana Court Consider When Deciding What’s in Your Child’s Best Interest?

When you appear in court, an agreed-upon custody arrangement can make this part of your divorce significantly more manageable for you and your child.

As stated, in many divorces, the court feels that joint custody is usually the best path; however, this arrangement is not always possible. Joint custody allows you and your spouse to maintain a solid, loving, and strong parental relationship, which is why the court usually supports joint custody arrangements.

But all divorces and their unique circumstances differ, and many times, your child will live better with one parent (sole custody) while your ex-spouse has agreed upon visitation.

The judge will analyze all aspects of your case and listen to your plans. However, the judge is only interested in the “best interests of your child.”

By following these court guidelines of what’s in the “best interests of your child,” the judge will analyze factors such as;

  • The in-depth relationship between your child and both you and your spouse before divorce.
  • Were you both heavily involved in the child’s life before your divorce?
  • Your child’s specific needs, such as their age, health, mental status, etc.
  • Did your family or either parent have issues involving domestic violence or drug or alcohol abuse?
  • Did you both work together amiably while raising your child?
  • Are you and your spouse able and agreeable to joint custody and possibly many other issues?

Admittedly, many divorces are not amiable, but the more you agree on before going to court, the better it will work out. Additionally, your lawyer, who is well-versed in child custody cases, will assist by using their skilled negotiating skills to help you and your spouse work out an acceptable arrangement that you, your spouse, and the court will find acceptable.

What Factors May the Indiana Judge Consider If We Can’t Agree On a Custody Plan?

When an Indiana judge is forced to make custody decisions, they first research and analyze the entire familial situation. As the judge does this, the Indiana child custody standard of what’s in your child’s best interests is always paramount in this decision-making process.

After the judge uncovers all the relevant data involved, they may consider such things as;

  •  Can they follow the plan you and your partner may want, and is it feasible?
  • Consider your child’s wishes and who they prefer to live with; their age and sibling relationships are also factors.
  • How meaningful is their current home, school, friends, and community to the child?
  • Both your and your spouse’s character and any unfavorable circumstances involved.
  • If domestic violence was involved, which parent committed these acts, etc.

Your experienced, well-versed Indianapolis child custody lawyer will explain that having the judge make the final child custody decisions in your case is the path of last resort; it is always better if you and your spouse, at the least, reach a tentative, rational plan.

Even in the most contentious divorce cases, your lawyer’s professional skills in helping you work out a custody plan before going to court will prove invaluable

Some Insights Fathers May Need If They Want Custody of Their Child.

In today’s world, more frequently, many fathers may want (or need) to get full custody of their children.

However, to do this, a father should view his actions through the same lens as the court: how am I acting in my child’s best interests?

If you and your compassionate lawyer are looking at this option, the following are some essential insights:

  • Recently, in Indiana, the idea of “maternal presumption” laws favoring the mother for custody awards no longer usually applies.
  • The court views the parents equally in child custody cases regardless of parental gender.
  • That said, and unless there are negative mitigating reasons otherwise, joint custody is still presumed to be best for the child

So, obtaining full custody as a father is a viable option, but it may require some convincing. This mandates that you and your lawyer produce clear and compelling documentation, a solid child-rearing plan, and other rational reasons to prove that the father deserves primary custodial rights.

I Am Getting Divorced and Have Custody Disputes; How Should I Proceed?

In many divorces, child custody is always a severe and often argumentative issue that must be resolved. Even though you and your partner are splitting up, you love your child and want the best for them.

This is why the Indiana court always has the right to intervene using the “best interests of the child” standard. However, if this standard must be enforced, it rarely gives either of you the outcome you wished for.

It would be best if you attempted to resolve this matter before going to court without emotion or pressing each other’s “hot” buttons. This is why you must have the skilled help of a well-known, highly trained child custody lawyer with considerable expertise in these proceedings.

The professional, knowledgeable child custody lawyers at the Law Office of Deidra Haynes have a long and successful history of passionately helping Indiana parents find the best solution for them and their children. Their guidance will ensure you avoid as much conflict as possible and the intervention of the Indiana courts.

Call them today at (317) 785-1832 for a full consultation and have the peace of mind of knowing that you are in the best legal hands possible.