When parents separate, deciding custody arrangements for their children is a priority. Indiana laws provide guidelines to help parents and courts determine what is best for the child. Here are answers to five frequent questions about child custody in Indiana.
1. What types of custody exist in Indiana?
In Indiana, there are two main types of custody: legal and physical. Legal custody gives one or both parents the right to make major decisions about the child’s life. This includes education, healthcare, and religion. Physical custody determines where the child lives. Joint custody allows parents to share these responsibilities, while sole custody grants them to one parent.
2. How do courts decide custody?
When parents cannot agree on custody, a judge decides based on the child’s best interests. Indiana courts consider several factors, such as:
- The child’s age and needs.
- Each parent’s ability to care for the child.
- The child’s relationship with siblings.
- The stability of each parent’s home.
- The child’s preference, especially if they are fourteen or older. Judges also examine any history of abuse, neglect, or substance abuse by either parent.
3. Can a child choose which parent to live with?
Indiana courts listen to a child’s wishes but do not always follow them. A child’s preference is one factor among many. By age 14, their opinion carries more weight. However, the court’s primary concern remains the child’s safety and well-being.
4. Are grandparents allowed visitation rights?
Yes. Indiana recognizes grandparents’ visitation rights under specific circumstances. A grandparent may petition for visitation if it serves the child’s best interests. These cases often arise when one or both parents are deceased or divorced.
5. What happens if parents live in different states?
Indiana follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law prevents conflicts between states in custody cases. Custody jurisdiction is typically held by the state where the child has resided for the last six months.
Child custody decisions are often challenging for families. Understanding Indiana’s laws can help parents make informed choices. If you have specific questions about your case, consulting an Indiana family law attorney is a good step. They can provide personalized guidance based on your situation.