Indiana recognizes two types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, healthcare and religious upbringing. Physical custody refers to where the child will live.
Indiana law encourages joint custody, where both parents are involved in the child’s upbringing and development. However, whether you will share custody with your co-parent depends on several factors. Here’s what you need to know about custody decisions in Indiana.
The child’s best interests come first
As much as the law prefers a joint custody arrangement, it prioritizes the child’s best interests when determining how co-parents will share parenting time and parental responsibilities. There is no presumption favoring either parent like their gender.
Some of the factors that may come into play include:
- The child’s age and sex
- The child’s wishes or preferences if applicable
- The child’s adjustment to their home, school and community
- The mental and physical health of everyone involved
- Evidence of a pattern of violence by either parent
In essence, the court may look at any relevant factor present in your case that impacts the child’s overall well-being and development. There are no hard and fast rules when determining the child’s best interest.
For example, if your co-parent has been the primary caregiver, the court may consider maintaining stability by awarding them primary physical custody. However, the court may also consider factors such as your work schedules, the proximity of your residences and the ability to communicate and cooperate effectively when making custody decisions.
The circumstances of your situation will determine the outcome
It’s important to understand that custody decisions can be complex and made on a case-by-case basis. The outcome of your custody proceedings depends on the particulars of your situation. Seeking personalized assistance and qualified legal guidance can help you make informed decisions and help protect your parental rights.
