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
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.
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.
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."
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.
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.
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.
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.
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 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...
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.
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.
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.
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.
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.
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.
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.
“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...
In Indiana, the distinction between sole and joint custody is very important. A “joint” custody award means the parties will share custody to some...
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...
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...
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...
“Parenting time,” also known as visitation in other states, is the time that parents without physical custody spend with their children. In Indiana...
If parenting time would endanger the child’s physical health or significantly impair emotional development, a judge may order “supervised parenting...
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...
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...
Typically, you cannot modify a custody order without evidence of a significant change in circumstances. Examples of sufficiently changed circumstan...
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...
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...
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.
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.
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 ...
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.
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 ...
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.
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.
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 .
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
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.
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.
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.
" Parenting time ," also known as visitation in other states, is the time that parents without physical custody spend with their children.
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.
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 ...
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.
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).
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.
Proper grounds for modification generally include just cause or a change in circumstances.
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.
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.
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 ...
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.
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 ...
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.
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" 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 ...
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.
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 ...
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.
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.".
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, ...
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.
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.
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.
The judge will look at the parent’s ability to be a caregiver, their morals, attitude, and many other facets of their personality.
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.
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.
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, ...
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” ...
If custody is contested, be prepared for what is considered the most contentious issue in family law.
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.
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.
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.
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.
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.