Custody and visitation

Custody And Visitation Attorney Serving Greenwood, Indiana

3 Key Aspects of Child Custody and Visitation in INDIANA

If you are a parent and you are preparing to end your marriage or non-marital relationship, it is critical that you make informed decisions based on the advice of an experienced Greenwood, Indiana child custody attorney. We carefully guide our clients through the process of making informed decisions about child custody and visitation, and we help our clients achieve favorable resolutions that reflect their wants and needs while also serving their children’s best interests.

1. Legal vs. Physical Custody Explained by an Greenwood Child Custody Attorney

When dealing with child custody matters, it is important to distinguish between the concepts of “legal” and “physical” custody. As explained by the Indiana Courts, legal custody refers to the right to “make important decisions for your children (like health care, education, and welfare),” while physical custody refers to the right to live with your children.

Legal custody and physical custody can both be shared by the child’s parents (referred to as “joint” custody) or granted to one parent exclusively (referred to as “sole” custody). However, sole custody arrangements are relatively rare in Indiana, as the legislature and the courts have determined that it is in a child’s best interests to maintain a relationship with both parents with only limited exceptions. In any case, parents’ legal and physical custody rights do not have to correspond.

2. “Best Interests” Factors for Child Custody Determinations

With regard to determining what is in a child’s “best interests,” the Indiana Courts (and divorcing and separating parents) are required to examine the list of factors.

• The health, safety, and welfare of the child;
• Any history of abuse by either parent;
• The nature and amount of contact the child maintains with each parent; and,
• Any evidence of drug abuse or dependence by either parent.

As you can see, these factors are fairly open-ended, and they leave a significant amount of room for parents to disagree over what type of arrangement will serve their children’s best interests after their separation or divorce. Even so, with the guidance of an experienced Indiana child custody attorney, divorcing and separating parents will often be able to come to terms without the need to ask a judge to make a decision for them. At our family law firm, we work closely with our clients to understand their personal circumstances and family dynamics so that we can use the “best interests” factors to seek the custody rights they desire.

3. The “Parenting Plan”

When negotiating the terms of custody during a divorce or separation in Indiana, parents will work to create what is known as a “parenting plan.” The parenting plan establishes each parent’s legal and physical custody rights and the terms of visitation (or “time-sharing”) for any time the children will spend with a non-custodial parent.

Subject to the “best interests” factors discussed above, divorcing and separating parents have a significant degree of flexibility when it comes to establishing the terms of their parenting plan. However, there are numerous issues that must be considered, and it is extremely important to thoroughly address all pertinent issues in order to avoid confusion (and the potential for contentious disputes) down the line. Examples of the types of issues typically addressed in parenting plans include:

• The parents’ default custody and visitation schedule
• Special custody and visitation provisions for birthdays, holidays, and spring and summer vacations
• Transportation between the parents’ homes and transportation to school and extracurricular activities
• Attendance at the children’s games, recitals, matches, and other events
• Decision-making authority with regard to things like education, extracurricular activities, and health care
• Cell phone and screen time
• Visits with friends, driving privileges, and curfews
• Communication between the parents
• Communication between the child and the parent who does not have custody or visitation
• Dealing with medical emergencies

While some parents will prefer a more-traditional parenting plan that provides for their children to live primarily with one parent and visit the other parent on a regular schedule (i.e. every other weekend), there are various alternatives to this approach. For example, it is becoming increasingly common for children to split time with their parents equally. This can work well when the parents live close together, although it presents obvious logistical challenges if the parents live far apart or in different school zones.

Co-parenting has become more popular in recent years as well. In a co-parenting arrangement, the parents continue to jointly participate in their children’s lives after their separation or divorce. While this approach won’t be feasible (or desirable) for everyone, under the right circumstances it can provide a positive outcome for all parties involved.