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Child Custody

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Child Custody
CHILD CUSTODY

Child Custody Lawyers in Indianapolis

Crafting Solutions for Your Family’s Future

Decisions regarding your children are often the most challenging part of a separation, divorce, or paternity case. You’re likely asking yourself:

  • What will our custody and parenting time schedule be?
  • How is child support calculated?
  • Will the support amount be enough to cover the necessary expenses?

If you’re facing these questions in Indiana, the attorneys at Villarrubia & Rosenberger, P.C. are here to provide clarity and guidance. We’ll walk you through your options to create a workable arrangement tailored to your family’s unique situation. Our team is also equipped to handle any other family law matters you may be facing, from divorce to guardianship.

Understanding Child Custody in Indiana

When parents can’t agree, an Indiana court will make custody decisions based on one primary standard: the best interests of the child.

The court considers a variety factors to determine what is in a child’s best interest, including:

  • The age and sex of the child.
  • The wishes of the parents.
  • The child’s wishes (with more consideration given to children 14 and older).
  • The child’s adjustment to their home, school, and community.
  • The mental and physical health of everyone involved.
  • Evidence of a pattern of domestic or family violence by either parent.

While judges make the final call in a trial, most parents successfully reach an agreement outside of court. A mutually agreed-upon parenting plan can be customized to your family’s reality, accommodating work schedules, living arrangements, and other needs. A well-drafted plan provides stability for children while offering the flexibility needed as they grow and their activities change.

Calculating Fair and Accurate Child Support

In Indiana, child support is a continuing obligation, typically until a child turns 19. Given this long-term commitment, getting the calculation right from the start is crucial. While child support orders can be modified, it requires proving a substantial and continuing change in circumstances, which isn’t always easy.

Indiana uses specific Child Support Guidelines and a formula to determine the amount. The accuracy of this calculation depends entirely on the accuracy of the numbers used. Key inputs include:

  • Each parent’s gross weekly income.
  • The cost of work-related childcare.
  • The cost of health insurance premiums for the child(ren).
  • The number of overnights each parent has with the child(ren) per year.

Determining income can be complex, especially if one parent is self-employed or has variable income. Our attorneys are skilled at uncovering the correct financial data to ensure the child support order is fair, whether you are the paying or receiving parent.

Get the Compassionate Legal Help You Need

We understand that your family’s future and your most important relationships are on the line. Let us help you protect them. To discuss your legal options with a family law attorney, please contact us.

We accept credit cards and offer flexible remote appointments by phone or video. To serve our diverse community, many of our attorneys are bilingual, and we provide translation services for numerous languages. Se habla español.

FAQs about Child Custody in Indiana

What factors does an Indiana court consider when determining child custody?

The court considers the child’s best interests, including the child’s age, health, emotional needs, the relationship with each parent, the ability of the parents to provide care, and, in some cases, the child’s preference.

What does "best interests of the child" mean in Indiana child custody cases?

This refers to a legal standard where the court prioritizes the child’s physical, emotional, and developmental well-being above all else when making custody decisions.

Can parents share custody in Indiana?

Yes, Indiana encourages joint custody arrangements when it is in the best interests of the child, promoting shared responsibilities between both parents.

How does child custody work if the parents were never married?

In cases of unmarried parents, paternity must first be established before issues such as custody, parenting time, and child support can be addressed.

Can child custody orders be modified in Indiana?

Custody orders can be modified if there is a significant change in circumstances that may impact the child’s well-being.

What if one parent wants to relocate with the child?

The relocating parent must file a notice with the court, and the other parent has the right to object. The court will make a determination based on the child’s best interests.

What if one parent refuses to follow the custody agreement?

If a parent violates the custody agreement, the other parent can file a motion with the court to enforce the order and request remedies or penalties.

Do I need an attorney for a child custody case in Indiana?

While it’s not legally required, having a trusted family law attorney can help you through the legal processes and protect your rights and your child’s best interests.

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