Child Custody Modification And Parenting Time Attorneys

Of the questions people generally have in child custody problems, these are some of the most common: “Don’t the mothers always get custody? Can I get joint physical custody? My spouse is really mentally abusive to my child, can I get supervised visitations?”

The attorneys of Dixon & Moseley, P.C., understand how difficult it is for parents in Indianapolis to grapple with an upheaval to their relationship with their children. The above questions are all a part of that worry. The fact is these answers are all tied together in the explanation of custody in all it’s facets. Below is a guide to how family law and custody works in Indiana.

Factors In Determining Physical Custody

With child custody matters, there are two types of custody. The first is physical custody; the primary physical custodian will have the child at his or her home more than the other parent who will receive Indiana Parenting Time Guideline parenting time at a minimum.

In the initial custody determination in divorce or paternity cases, there is no presumption in favor of either parent. To make the decision, the court hears your evidence, which, with careful work with your counsel, will establish that joint custody is in the children’s best interests. Remember, however, primary custody with parenting time to the other parent is the presumption under the Divorce Act and the Indiana Parenting Time Guidelines.

Whatever physical custody arrangement you seek, it is key to work with your counsel to develop the evidence to support your position. By statute, the court considers these factors in making its physical award:

• The age and sex of the child
• The wishes of the child’s parent or parents
• The wishes of the child, with more consideration given to the child’s wishes if the child is at least 14 years of age
• The interaction and interrelationship of the child with; the child’s parent or parents; the child’s siblings; and any other person who may significantly affect the child’s best interests
• The child’s adjustment to the child’s: home, school and community
• That mental and physical health of all individuals involved
• Evidence of a pattern of domestic of family violence by either parent

In addition, the court may consider any other factor that is relevant to the child’s best interest in making its custody award. Thus, there is a great deal of evidence you and your attorney can amass to make you best showing in court for the physical custody arrangement you seek.

Considerations For Legal Custody

Legal custody has no connection with which house the child stays in overnight. Instead, legal custody focuses on who will make the decision about the child’s religious upbringing, medical care and education. For the most part, parents do not disagree about this. However, when they do, the court can avoid one parent sole legal custody or divide these decisions up. It may give a mother sole educational and religious decision making but give the father sole medical custody.

A common example where the parent the court may divide legal custody comes in the context of childhood immunizations. Many parents believe this has links to autism. However, these are the minority or parents and judges and thus to avoid contempt filings and ongoing litigation on this issue, the court may give the father sole legal custody on medical decisions. Again, what you obtain in court is closely related to how well you prepare your evidence with your counsel for presentation at trial.

Grounds For Supervised Visitation

While many parents want their former spouse to have supervised visitation, this is rare and is only made upon a showing a parent poses a risk of significant physical or emotional harm to the children. This is ordinarily intended to be for a short period of time, sometimes until a parent proves his worthiness of parenting time by taking an alcohol evaluation or psychological evaluation.

Modifications To Custody Orders

Because permanency is often seen as important to a child’s development, it is difficult to modify physical custody orders. To do so, the party seeking custody modification must establish that the modification is in the children’s best interest and that the change impacts one or more of the statutory factors enumerated for the court to consider in making its original custody decision.

Evidence for modification of physical custody tends to come in two forms. The first is the “smoking gun,” such as when a single event establishes that the children’s custody should be modified. This may be an OWI/DUI, drug arrest or the like. The second way to establish a substantial change is to show a pattern of decisions made by the custodial parent that interfere with your parenting time or do not serve the best interests of the child.

While all parents may take such actions from time to time, a long-documented history of such behavior may well lead to a custody modification. It may require the assistance of a custody evaluator to carefully weigh this and make a recommendation to the court of what custody arrangement is in the child’s best interests.

Modification of a legal custody order also requires showing a substantial change and is not as frequent as attempts to modify physical custody. However, they are becoming more common where there is strife between the parents.

Get Help From A Dedicated Legal Team

Your custody questions have answers and you deserve to pursue the custody arrangement that makes sense for you and your family. Dixon & Moseley, P.C., is here to assist you in pursuing that goal. Reach out today to learn more by calling 317-350-4108 or sending an email using this form.