Indiana Code Legal Custody

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Indiana custody cases can be challenged and resolved by court order, or uncontested and defined in a custody agreement between the parents. A custody agreement or order legally determines at least the following: This page describes how a contested custody case is handled in the Indiana court system and what factors are used to determine which parent gets custody. Custody and visitation conflicts naturally tend to be extremely sensitive to facts. Parties often misunderstand the difference between custody and parental leave. Here`s how courts determine child custody in Indiana. Are Indiana state judges in favor of shared custody? Section 15. In determining whether the award of joint custody under subsection 13 of this chapter is in the best interests of the child, the court shall consider as a paramount but not overriding issue the fact that the persons granted joint custody have consented to joint custody.  The court also considers: In general, the person or body conducting the inquiry consults with the parties, children, important people involved in the children`s lives, such as counsellors or teachers, and makes recommendations to the court about custody and time spent raising the children. [5] These reports may be of great importance to the Court, but they are not binding on the Court or the parties.

Section 67. “Joint custody” for the purposes of CIs 31-14-13, IC 31-17-2-13, IC 31-17-2-14 and IC 31-17-2-15 means that the persons to whom joint custody has been delegated share authority and responsibility for the most important decisions relating to the child`s upbringing, including the child`s upbringing, health care and religious upbringing. Indiana has laws that explicitly allow domestic violence to be considered in conjunction with child custody. This may mean that domestic violence is a legal factor in the custody decision, that the court has a presumption against custody of perpetrators, or that special procedural considerations are imposed in cases of domestic violence. Do Indiana courts consider domestic violence when determining custody? Indiana courts have no presumption in favor of joint custody orders in custody assessment. The judge will assess the details of the custody dispute to determine which custody arrangement is in the best interests of the child. Indiana has the legal authority to appoint a guardian ad litem or attorney to represent the child in a custody case. This person is in the best interests of the child and has the task of investigating the family situation and informing the court of the custody situation that would be in the best interests of the child. Indiana has a list of legal factors that are considered by the court when determining a custody decision. This list may include factors such as the age of the child, each parent`s living situation, a history of abuse or neglect by a parent, etc. While there is a legally required list of factors, there are other factors you need to consider depending on the particular circumstances of the case.

No. According to Indiana Code 31-17-2-14, a joint custody order does not require equal sharing of physical custody. Instead, joint custody only provides that both parents have custody of the children in accordance with the custody plan in the order. The arrangement may include approximately the same physical time with each parent, or one parent may have much more physical time than the other parent. There are special laws that deal with parents who are members of the military and who are deployed. In certain circumstances, the court may authorize a military parent to delegate parental leave to another person if it is in the best interests of the child to do so. [3] A court cannot consider the absence or relocation of a parent due to active military service as a factor in determining custody or permanently changing a custody decision. [4] There are two types of custody: joint custody and sole custody. Sole custody is generally transferred when parents have extreme difficulty communicating and/or there have been significant domestic violence or substance abuse issues, making co-parenting very difficult for the parties. In sole custody, only one parent has the power to make all decisions about the child`s upbringing. 6.

the nature of the physical and emotional environment in the home of each person to whom joint custody has been entrusted. Paragraph 2.  The court decides on custody in accordance with the best interests of the child.  In determining the best interests of the child, there is no presumption in favour of a parent.  The court considers all relevant factors, including: In the state of Indiana, a number of factors are considered by the courts in determining who gets custody of the children. This section describes Indiana`s custody factors, considerations, and assumptions in assessing a custody order. When courts look at child custody, they think of custody in two different ways. There is custody, which is primarily about making decisions that affect important issues such as education, religion and health.

In addition, there is physical custody, which concerns where the child will live (which can be with both parents or only with one parent). Under Indiana Code 31-17-2-6, custody proceedings must be prioritized for hearings. Unlike other civil cases, custody and access disputes are settled by the court without a jury. 4. whether the child has established a close and beneficial relationship with both persons to whom joint custody has been granted; In some circumstances, the law creates a separate set of custody or parenting time rules based on a parent`s circumstances. For example, if the non-custodial parent has been convicted of a domestic or family violence offence observed or heard by the child, there is a rebuttable presumption that the court will order that the parental leave of the non-custodial parent continues for at least one year and not more than two years after the offence or until the child is emancipated (as the case may be: whichever comes first) is monitored. The court may also require the non-custodial parent to complete a thug`s intervention program as a condition of granting unsupervised time. [2] The cornerstones of joint custody are the parents` ability to communicate and cooperate, if the parties live in physical proximity to each other and if the child has developed a close and beneficial relationship with both parties. If these factors are present, a court will likely award joint custody, in which the child lives with both parents. [1] Indiana law sets out nine factors that the court must consider when determining custody, including: In Indiana, the court considers the child`s reasonable wishes to determine which parent wins custody. The judge may take into account the age, maturity and judgment of the child when considering the child`s custody preference.

1. the suitability and suitability of each person to whom joint custody has been granted; Are the child`s wishes taken into account when determining custody in the state of Indiana? 2. whether the persons granted joint custody are willing and able to communicate and cooperate in promoting the best interests of the child; Indiana judges have the power to order joint custody or custody of a child who is the subject of a custody dispute. Is there an established list of legal factors for calculating custody in the state of Indiana? If the parents are consensual, they can agree on custody arrangements in a parental agreement between them or through a mediator.