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.
Child Custody
CHILD CUSTODY
Child Custody Lawyers in Indianapolis
Reaching The Best Possible Solutions
Some of the most challenging decisions after separation and during divorce or paternity (for unmarried parents) cases relate to minor children. What will custody and parenting time schedules look like for a child or children? How is child support calculated? Will it be enough to continue paying the bills?
If you live in Indiana, the lawyers at Villarrubia & Rosenberger, P.C. can help. We will explain your options and help you reach a workable arrangement that fits your family’s unique needs. In addition to child-related issues, our attorneys have the experience and skills to help you resolve any other related family law issues you might also be facing.
What Is The Most Important Factor In Child Custody?
The child’s best interests are a guiding factor for the judge if a case goes to trial. In most cases, however, parents are able to reach an agreement about custody before a trial becomes necessary.
A parenting plan can often be tailored to best fit your family needs (for example, parents may work different shifts or live across town from each other). This plan needs to provide enough structure for children, but ensure flexibility as they grow older and want to participate in more activities that might interfere with weeknight parenting time.
Getting The Numbers Correct For Fair Child Support
Child support generally stays in effect until a child turns 19 – longer in some circumstances. For this reason alone, it is important to get it right. And while modifications are possible, they are only granted in limited cases.
Child support calculations follow a guidelines approach. This means that the numbers used in the formula must be accurate, or the outcome will not be fair. When one parent is self-employed, determining annual income can become an issue. It is usually not as simple as looking at a prior-year tax return. We work with clients to ensure that a child support determination is fair whether they will be paying or receiving support.
Help When You Need It Most
Relationships are on the line. To learn more about your legal options, please email us or call our Indianapolis office at 463-207-9900.
We also accept credit cards and offer remote appointments by phone and video. Many of our attorneys are bilingual, and we have translation services to accommodate clients who speak many languages. Se habla español.
FAQs about Child Custody in Indiana
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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