what does a childs lawyer do in a visitation modification case in indiana

by Casandra O'Connell 5 min read

An Indianapolis child visitation attorney from Keffer Hirschauer LLP can help you assess the appropriateness of and file a modification request or defend against requests by the other parent that harm your ability to see your child or children.

Full Answer

How does the Indiana Family Court handle child custody cases?

Whenever the Indiana family court system is presented with a child custody case, it will handle the case on an individual basis. No two Indiana child custody cases are the same, which is why each is evaluated differently.

What are proper grounds for modification of a child visitation order?

Proper grounds for modification generally include just cause or a change in circumstances. For example, a judge may agree to modify an order if the parent who has visitation skipped out on most of the scheduled visits with their child.

How are visitation rights determined in Indiana?

In Indiana, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply. The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

How is visitation determined in a child custody case?

Visitation is determined at the time custody is finalized and is usually incorporated in the custody agreement or by separate court order. The custody agreement will address the type of custody, which will help determine the visitation rights of the non-custodial parent.

At what age can a child decide which parent they want to live with in Indiana?

age 14When can my child decide which parent to live with? Until your child reaches the age of 18, the court will make a determination as to custody. However, at age 14, consideration is given to the child's wishes by the court when making this determination.

Does Indiana favor mothers in custody cases?

Indiana is a state that favors both parents equally. In the best interest of the child, meaningful relationships with both parents is the standard. In the eyes of the law, a married mother and father in Indiana start out with joint legal custody. Meaning, both parents share equal rights to their children.

How do I modify child custody in Indiana?

If you cannot reach an agreement, you will need to go to court and ask the court to change the custody order. Before you go to court, you should think specifically of what reasons you have for changing custody, and what evidence you have to support these reasons.

Can you appeal a custody ruling in Indiana?

In order to preserve your right to appeal, the general rule is that you must file your notice of appeal within 30 days of the court's entry of your custody order. Another consideration when deciding whether to appeal is the alleged errors committed in the proceeding.

How do you win a child support modification case?

How to Win a Child Support Modification Case1 Take advantage of the rights you already have.2 Reach out to your ex-partner if you think they'll be amicable.3 Solicit free legal help if you can't hire an attorney.4 Do it on your own only if you can't get help.5 Determine what has changed to justify a modification.More items...

At what age can a child refuse to see a parent?

Age 18Legally, Your Child Can Refuse Visitation at Age 18 When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.

How do I change my visitation order in Indiana?

Indiana limits the situations in which parents can ask the court to modify a child custody order. The parent requesting the modification must show a significant change in life circumstances. He or she must also prove that changing the custody arrangement serves the child's best interest.

How is child custody determined in Indiana?

To determine sole or joint custody, the court considers certain factors: Suitability and fitness of each parent. Physical and emotional environment in each parent's home. Living proximity between parents.

What does primary physical custody mean in Indiana?

Typically when Indiana parents divorce, one parent has primary physical custody of the children. Primary physical custody means that the children live with one parent more than 50% of the time. This parent is known as the custodial parent, while the other parent is known as the non-custodial parent.

How long does a TPR appeal take in Indiana?

The court is required to commence the TPR hearing not more than 90 days after such a petition is filed and complete the hearing not more than 180 days after such petition is filed. If the court denies the petition for TPR, reasonable efforts for reunification and preservation must resume.

How do you win a court appeal?

As a result, an effective appeal should be brief, logical, and clear. No judge wants to dig through a convoluted trial record to identify key issues in a case. Do the leg work for them and present a clear, logical argument that points to specific support in the trial record.

How long does an appeal take in Indiana?

It usually takes at least six months for all briefs to be filed and the full review process to take place. There is no time limit for Court of Appeals judges to issue a decision in a case, but the Court strives to be timely.

What’S The Difference Between Physical and Legal Custody?

“Physical custody” refers to the place where the child physically resides and the day-to-day care the child receives, such as bathing, meal prepara...

What Does It Mean If Custody Is “Sole” Or “Joint”?

In Indiana, the distinction between sole and joint custody is very important. A “joint” custody award means the parties will share custody to some...

If I Don’T Agree With How My Child Is Being Raised, Do I Have to Go to Court?

In Indiana, it’s not necessary to go to court to resolve a custody dispute; many parents are able to work out a mutually satisfying settlement of t...

How Does A Judge Decide Who Should Get Physical Custody?

When Indiana judges face disputes about custody, the law requires them to apply a list of eight factors to decide what’s in the child’s “best inter...

How Do Courts Decide If Legal Custody Should Be Sole Or Joint?

A judge will award joint legal custody only if it’s in the child’s best interests. If parents want joint legal custody, it’s very important that th...

What Is Parenting Time in Indiana?

“Parenting time,” also known as visitation in other states, is the time that parents without physical custody spend with their children. In Indiana...

What Is Supervised Parenting Time in Indiana?

If parenting time would endanger the child’s physical health or significantly impair emotional development, a judge may order “supervised parenting...

Is It Possible to Change Custody Or Parenting time?

Yes. If you want to make changes to a current custody or parenting time order, you’ll need to file a motion to modify (change) custody or parenting...

How Do I Modify An Existing Child Custody Or Visitation Order?

To modify a custody order, you must file a petition to modify with the court. Custody and visitation orders may be modified if: 1. Both parents agr...

Under What Circumstances Will A Court Modify A Child Custody Or Visitation Order?

Typically, you cannot modify a custody order without evidence of a significant change in circumstances. Examples of sufficiently changed circumstan...

What If My Child Custody Or Visitation Order was violated?

If your child’s other parent violates the custody order, you may have grounds to modify the arrangement. However, it is important that document his...

Do I Need A Child Custody Attorney?

Because parenting time is valuable, child custody disputes can become emotionally charged. A lot is at stake, and it may be in your best interest t...

What does the court look at in a child's best interest?

Courts will look at a number of factors, and view them in the context of each particular situation, to determine what is in a child’s best interest.

What are the factors that courts look at when deciding a child's wishes?

While there is no set list, and the factors considered will vary from case to case, some things that courts do look at include the following: The age and sex of the child. The wishes of the child’s parent or parents. The wishes of the child, with more weight given to the opinions of children over the age of 14.

Can a court change custody?

However, any change in custody needs to be approved by a court, and courts prefer not to disrupt arrangements that have already been put in place. So, courts will only grant custody modifications after considering several factors. The most important factor that a court considers when deciding the matter of a change in custody is ...

Do parents agree to change custody?

Of course, in most cases, the parents do not agree on a change in custody, and therefore the parents will usually need to go before a court to present their opposing arguments as to why each should have the custody arrangement that they want.

Can Indiana modify custody?

While each child custody scenario is unique, in general, when analyzing a potential modification of custody, Indiana courts will work to do what is in the best interest of the child. Because courts prefer consistency and stability, and do not like to overturn previous orders, they will usually only grant a custody modification where there has been ...

Why do parents need to hire a parenting time lawyer in Indiana?

From the early stages of a divorce throughout adolescence and at least until a child is no longer a minor, parents need Indiana parenting time lawyers to help ensure Indiana parental rights are protected and resolve issues before or as they arise.

What is the Indiana Parenting Time Guidelines?

The Indiana Parenting Time Guidelines were adopted by the Indiana Supreme Court based on the presumption that it is generally in a child’s best interest to maintain regular, meaningful contact with both parents. Sustaining the parent-child relationship can be difficult when parents live apart and requires extra effort on the part of both parents.

What is the purpose of the preamble to the Indiana Parenting Time Guidelines?

The commentary following the preamble explains that the use of the term “parenting time” rather than “visitation” is intentional and the goal is to convey the importance and reality of the ongoing parent-child relationship .

What are the requirements for parent time in Indiana?

The introductory portion of the Indiana Parenting Time Guidelines notes the following basic needs of a child: 1 Children need to know that their parents’ separation is not their fault 2 Children should maintain a relationship with and receive care and guidance from both parents 3 Children should not be pressured to side with one parent over the other or be included in conflicts between parents 4 Children should not be used by one parent to manipulate the other 5 Time with each parent should be regular and consistent 6 Children should be supported financially by both parents 7 Parents should ensure children are safely supervised and provide appropriate childcare when they are not able to supervise directly 8 Children should maintain relationships with family members and other important adults in their lives

Can a court modify a parenting time order?

A court may modify an existing parenting time order if modification is in the best interests of the child or children and if a substantial change in circumstances has occurred related to a factor considered by the court in making the original determination. An Indianapolis child visitation attorney from Keffer Hirschauer LLP can help you assess the appropriateness of and file a modification request or defend against requests by the other parent that harm your ability to see your child or children.

Can a parent in Indiana have custody of a child?

A parent who is not granted legal custody in Indiana is still entitled to parenting time, or visitation rights, unless a court finds, after a hearing, that parenting time or visitation with the non-custodial parent presents a risk to the child or children’s physical health or emotional well-being.

Who decides child custody cases in Indiana?

Child custody cases in Indiana are tried before a judge who will decide the case without a jury. Judges sometimes get help when they're making custody decisions. They can request reports from neutral outside entities, like custody evaluators, court-appointed guardians, and social service agencies.

What is Indiana's parenting time?

" Parenting time ," also known as visitation in other states, is the time that parents without physical custody spend with their children.

How many nights does a parent have to have a child in a joint custody arrangement?

In a joint physical custody arrangement, the parents may have significant time with the child, but not necessarily equal. An example of a joint custody arrangement is where one parent has the child 3 nights per week and the other parent has the child 4 nights per week.

What is physical custody?

A judge will decide two types of custody in your case: physical and legal custody. "Physical custody" refers to where the child physically resides, and the day-to-day care the child receives , such as bathing, meal preparation, and transportation. Parents can share physical custody equally or can arrange it so that one parent has primary physical ...

What happens when parents share custody?

When parents share legal custody, they have an equal say in matters involving the child such as where the child goes to school, medical treatment and care, and whether a child should be baptized in a certain religious faith. Disagreements are bound to arise in joint legal custody arrangements.

What is the definition of de facto custodian?

evidence of a pattern of domestic or family violence by either parent, and. evidence that the child has been cared for by a " de facto custodian" (someone who is providing care but doesn't have legal rights to the child).

Who has the final say in custody disputes?

Disagreements are bound to arise in joint legal custody arrangements. When they do, the custodial parent will have the final say. A judge will designate one parent as the "custodial parent" and the other as the "noncustodial parent". The custodial parent is typically the one who spends more time with the child.

What are the grounds for modification of a custody order?

Proper grounds for modification generally include just cause or a change in circumstances.

How to modify a custody order?

In order to modify a child custody or visitation order, you will need to file a petition with the appropriate court. Keep in mind that some courts refer to this as a motion instead of a petition. The petition will generally need to include the following information: 1 Both parents’ names and addresses; 2 A copy of the existing custody or visitation order; 3 The reason you are seeking modification; and 4 Proposed modification terms.

Why would a judge modify an order?

Another reason that would make a judge modify an order would be an instance of child abuse. This is extremely serious and will be considered an immediate danger to the child’s well-being.

Can a custody order be modified?

Death or incarceration of the custodial parent. Essentially, child custody or visitation orders can be modified if the previous order no longer works and cannot be carried out by the parties involved. Courts will allow modification of a child custody or visitation order in certain situations. For example, you cannot modify your child visitation ...

Can a judge modify custody of a child if they go to rehab?

If they went to rehab and turned their life around, then a judge may deem this a changed circumstance that warrants increased custody. One instance where a judge will not allow modification is when the child wants the order changed.

Can a court review a custody order?

A court will review the case and decide what is in the best interest of the child. If the parents agree, then they may also be able to resolve a custody or visitation order in mediation. Sometimes, one parent may wish to modify an existing child custody or visitation order. Some reasons you may want to modify a child custody or visitation order ...

Is there a fee for filing a petition?

There may be a fee associated with the filing, the amount of which will vary. Some courts also have form petitions or may require certain forms to be attached to the petition, so you need to become aware of these requirements.

What is visitation in Indiana?

In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for a period of time to an otherwise non-custodial parent or relative. In general, courts in Indiana assume that it is beneficial for both biological parents ...

What is considered in a child's best interests?

What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision: The age and sex of the child. The wishes of the child's parents. The wishes of the child, with more consideration given to the child's wishes if ...

Does Indiana have a child visitation law?

Indiana has special statutes regarding the child visitiation rights of grandparents under different circumstances. State law does not provide for general visitation rights of grandparents, but visitation rights may be presumed under certain parental situations.

Is there a third party visitation law in Indiana?

Visitation by grandparents, family members, or other third-parties is less clear cut in Indiana, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged. Above all else, courts in Indiana strive to make custody and visitation decisions ...

Does adoption cut off grandparents' rights?

Adoption cuts off the visitation rights of the grandparents unless the adoption is granted to a stepparent or a natural grandparent, sibling, aunt, uncle, niece, or nephew of the child.

Can a minor child request visitation in Indiana?

In Indiana, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply. The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child.".

Can a grandparent give a child visitation rights?

A court may award visitation rights if either of the child's parents is deceased, the child's parents' marriage has been terminated, or the child was born out of wedlock. In addition to considering whether visitation is in the child's best interest, a grandparent must show that he or she has had, or attempted to have, ...

What happens if you change your child's custody in Indiana?

As time goes on, the needs of the child and the circumstances of the parents may change – when this occurs, it often means there needs to be an adjustment or modification made to the Indiana child custody agreement. Even if both parents agree to the modification, they must still go through the Indiana court system in order to have the modification approved and officially changed in their custody agreement. If the parents do not agree to the modification, the parent requesting the change will be responsible for proving the change is needed and that the modification will benefit the child in some way.

What is joint custody in Indiana?

Joint custody is the ultimate goal for the Indiana family court system, as this is the best way to keep both parents equally involved in the child’s life. Joint custody can mean a number of different things, including sharing physical custody of the child, sharing legal custody, or sharing a combination of both physical and legal custody.

What happens when you end a relationship in Indiana?

When a couple decides to end their relationship and they have children together, they often have to deal with Indiana child custody issues. Going through a court case regarding child custody in Indiana can often be an emotional process and one that can leave one or both parent dissatisfied with the outcome. This is generally due to the fact the Indiana family law court systems are primarily interested in what is in the best interests of the children and their overall well-being during this trying process and period of great change in their lives.

What factors do judges look for in a custodial parent?

The judge will look at the parent’s ability to be a caregiver, their morals, attitude, and many other facets of their personality.

What is the purpose of a modification request?

The modification being requested will benefit the child in some way, such as offering them better educational opportunities or social opportunities. The disruptions the child will encounter during the modification will be offset by the benefits the child will experience.

What does it mean when a parent is abusive?

If the parents have shown they have the ability to communicate well with one another. If the parents have shown a willingness to foster a positive relationship between the child and the other parent. If either of the parents have shown any pattern of abusive behavior or have been cited for abuse in the past.

What is the importance of each parent's ability to provide for the child?

Each parent’s ability to provide for the child for their overall well-being. Each parent’s ability to make good decisions when it comes to the child’s medical needs, educational needs and social needs. Each parent’s willingness and ability to follow the custody agreement as it is outlined by the judge. In addition to looking at these factors, ...

What is physical custody in Indiana?

There are two basic forms of custody in Indiana – legal custody and physical custody. Physical custody refers to where the child (ren) are physically located. Parents can share physical custody, which means the children spend equal time with each parent. Or one parent can have primary physical custody, with the other parent having “parenting time” ...

What to do if custody is contested?

If custody is contested, be prepared for what is considered the most contentious issue in family law.

What is legal custody?

Legal custody refers to how to deal with major decisions that arise in a child’s life. Parents can share joint legal custody or one party can have sole legal custody.

What happens if a spouse doesn't pay child support?

However, if an obligor fails to pay child support the spouse may file a contempt of court action in the original court where the divorce and child support orders were issued. In some instances the court can provide jail time for the nonpayment of child support.

When can you get custody of a child?

Until your child reaches the age of 18, the court will make a determination as to custody. However, at age 14, consideration is given to the child’s wishes by the court when making this determination.

Can a grandparent visit a child in Indiana?

A grandparent may do so if the child’s mother or father is deceased, if the child’s parents were divorced in Indiana, or if the child was born out of wedlock. A grandparent’s visitation rights survive the adoption of a child by a stepparent or by the child’s grandparent, sibling, aunt, uncle, niece, or nephew.

Can both parents avoid child support?

If both parents share custody and their incomes are sufficiently similar, they may be able to avoid a separate child support obligation. Alternatively, the parties can agree to forego a child support order and instead provide for the expenses associated with the child’s care whilst exercising their own parenting time.