Child Custody Attorneys In Indiana

Our Child Custody Lawyers Will Protect Your Children’s Interests

Since 1992, our child support & child custody attorneys have been helping Indiana families.

Choosing an Indiana Child Custody Lawyer 

Experience is vital in an Indiana child custody case. Your family is the most critical aspect of your life. Our firm has provided legal support to Indiana families since 1992.

How a Child Custody Attorney Can Help You

Protecting parental rights is a concern for many parents. Parenting partners who are already struggling to communicate often find reaching common ground challenging. Our child custody lawyers in Indiana will work to accomplish your goals while minimizing the contention and bitterness that frequently stand in the way of effective communication.

First, a child custody lawyer will help you understand the different types of custody outcomes that may occur. Your legal advocate can discuss parenting time with you. Then, presenting your case before the courts with facts, we will seek the most beneficial outcome for your child.

Even after a court determines child custody in Indiana, your child custody attorney can advise you on various situations that may arise throughout the years in a child custody situation. The relationship you build with a member of our team provides for your legal needs as long as a child’s custody needs exist. Our child custody lawyers are here to support you. 

The Child Custody Process in Indiana

When child custody is a factor in divorce, the petition for dissolution of marriage will include the names and ages of minor children shared by divorcing spouses. The petition informs the court that custody and parenting time schedules must be established for minor children. Parties in the divorce who can agree on child custody and parenting time schedules will submit their agreement to the court for approval.

However, not all divorcing parties or parents agree on what is best for a child. Having an experienced child custody attorney on your side is crucial in settling custody issues that require going to court. In some instances, a neutral third party must evaluate the familial relationships and environment to ensure a child’s best interests are represented in a child custody decision. 

A child custody attorney with The Nice Law Firm can prepare you for what to expect in the courtroom environment. Your attorney may also make suggestions that support your requests for child custody, such as securing a personal third-party evaluation of the situation. We strive to demonstrate to the court your parenting goals and how obtaining custody will benefit your child.

Determining Indiana Child Custody

While both parents may feel a child should remain in their care, the Indiana courts will consider a child’s best interests when determining custody. The courts will show no favoritism to either parent in determining a custody order. The courts will consider the following factors (IC §31-17-2-8) in a custody case when deciding on the best interests of the child:

• A child’s age and sex
• What the parents want in the custody outcome
• What a child wants, with more emphasis on their wants once a child reaches 14
• A child’s relationship with their parents, siblings, or other individuals who play a significant role in their life
• A child’s ability to adjust to changes in the home, community, and school environment
• The mental and physical health of all parties in a custody case
• Whether either parent has a history of domestic violence 
• Whether a caregiver other than a biological parent has played a role in caring for the child
• If a power of attorney designate exists

In some families, other adults may step in to care for a child. In these cases, the courts will consider their interests in determining child custody.

De Facto Custodians in an Indiana Child Custody Case

When a de facto custodian for a child exists, the courts will consider the wishes of the individual, who is considered a primary caregiver and financial supporter. The court will account for:

• The extent to which they have cared for a child in a custodial manner
• A parent’s intentions in placing a child in the individual’s care 
• Circumstances leading to a child remaining in their care, such as a parent’s search for work, employment demands, or desire to further their education.

When placing a child in the care of a de facto custodian is in the child’s best interests, the court can give the individual legal custody.

Types of Child Custody

As a parent, you have the right to be a part of your child’s life. The child custody attorneys at The Nice Law Firm will discuss the potential outcomes of a child custody case and explain what this means regarding your role in your child’s life. Your attorney can also help you navigate child custody and parenting time emergencies when a child’s safety is at risk.

Legal, Sole Custody, Joint Child Custody in Indiana

The court grants a parent with decision-making authority for a child legal custody. The parent retains the legal right to make critical decisions about the child’s life, including:

• A child’s educational opportunities
• Healthcare choices
• Religious upbringing

The court may grant sole custody to one parent, allowing them to make crucial upbringing decisions without consulting the other parent. Both parents may also retain legal custody of a child in a joint custody arrangement. Joint custodians require the ability to make decisions together for the benefit of a child.

Parenting Time

The time a child is in your physical custody refers to your parenting schedule. This schedule determines when each parent will physically care for a child. The Indiana Parenting Time Guidelines provide instructions for establishing a parenting time schedule. 

The legal custodian may not be in charge of determining the parenting time schedule. A primary custodian may be chosen and given more parenting time to promote a child’s best interests, such as providing better access to educational opportunities. Parenting time may also be divided equally regardless of whether one or both parents have legal custody. 

A child custody lawyer in Indiana with our firm can assist with constructing a parenting plan to meet parental needs and the needs of a child. Your plan will be written and submitted to the courts as an enforceable document. We also recommend exploring these options to make navigating co-parenting smoother. 

Modifying Child Custody in Indiana

Significant changes in the circumstances impacting a child may require modifying child custody in Indiana. The court will not consider modification unless a child’s well-being is at risk. When these impactful circumstances arise, our child custody attorneys are prepared to take action to protect your child. Reasons for modifying a child custody order in Indiana include:

• Your child’s needs change: At various stages in a child’s life, one parent may be more proficient at meeting those needs than the other. For example, a child may begin to display behavioral issues as a teen that one parent may be better equipped to handle.
• A parent relocates: It is common for working parents to move for new job opportunities. Having a child remain in their current location instead of relocating with a legal custodian may require modifications to child custody.
• A parent is incapable of care: Health issues, mental health crises, substance abuse challenges, or unlawful behavior may require a change in legal custody.
• Alienation of a parent: A parent’s influence over a child can disrupt the child’s relationship with the other parent, requiring the court to intervene to prevent alienation.
• Evidence of abuse exits: A child custody lawyer can help you document incidents of physical or sexual abuse to seek immediate protection of a child by filing a protection order. Our experience can prevent missteps in paperwork that may permit continued exposure to abuse and immediate danger. 

For custody modifications to occur, it will be up to the requesting parent to demonstrate to the court that a change in child custody is in the child’s best interest. Sometimes, a child’s preference for a custodial parent may support the request, mainly when they are more mature and can voice their preference to the court. Ultimately, the court will carefully evaluate the request to determine its benefits for a child. 

Child Custody and Child Support Determinations

The court will consider how much of each parent’s income would go to supporting a child should the parents live together. A calculated amount determines how much a non-custodial parent should pay in support to a parent with child custody. How much parenting time is spent with a child may influence the outcome in child custody.

Parents sharing joint custody or dividing custody more equally may require less child support. However, an income disparity between parents may result in a parent paying more child support even when sharing similar custodial duties. Educational and medical needs, insurance, child care costs, extracurricular activities, and other factors specific to your child can influence child support amounts. As a child’s needs change, modifications to child support in Indiana may become necessary.

A child custody lawyer with our firm can offer guidance that strives to ensure your child’s financial needs are met. The court assumes the use of all child support will be to provide for a child. Discuss your concerns about paying or receiving child support in Indiana with us today. 

Legal Guidance For Indiana Child Support Enforcement 

Caring for a child in your custody can be challenging when a parent fails to meet their financial obligations. Our child custody attorneys have experience effectively using the legal tools available to enforce child support payments. A lawyer with The Nice Law Firm will file any necessary actions to seek support.

Our team understands the challenges that often accompany co-parenting. Withholding child support should never be an avenue to harm a former spouse. Our skills in navigating emotionally charged situations allow us to keep the focus on what matters most. 

Contact an Indiana Child Custody Lawyer

Working with the child custody lawyers at The Nice Law Firm, we strive to provide you with the legal guidance necessary to make crucial decisions promoting your child’s well-being. When parents are able, with the guidance of their child custody lawyer, working together for the benefit of the future and your child is possible.

The Nice Law Firm has provided respected legal guidance to Indiana Hoosiers for decades. Our commitment to excellence in service should benefit you when you need it most. Schedule a consultation at one of our convenient locations by calling or filling out a consultation request form. Look no further than The Nice Law Firm when looking for a child custody attorney in Indiana.