Figuring out child custody arrangements is typically the most important and sensitive aspect of a divorce. Each parent is understandably concerned about having to settle for a diminished role in his or her child’s life. Thus, maintaining a healthy and consistent relationship with the child is of primary importance, which can lead to disputes over the amount of parenting time each parent is allotted. In addition to parenting time, the parties also must consider who will have the authority to make important life decisions for the child (i.e., education, medical treatment, etc.). Ideally, the parties, with the assistance of their attorneys, can work these issues out privately, as they have a unique knowledge and understanding of the dynamics of their family. However, the court will step in if the parties are unable to form an agreement or there are issues like domestic violence that prevent equal decision-making authority.

The principle concern of any decision on child custody is the best interests of the child, which is reflected in a recent decision by an Indiana court of appeals that reversed an order to change custody of a child from the father to the mother. The father was initially awarded sole custody due to the mother’s interference with father’s parenting time, and the appeals court noted that no evidence of a change in circumstances warranting the custody change was presented. An overview of how Indiana courts make child custody decisions will follow below.

Best Interests of the Child

As noted above, the primary consideration in child custody decisions is the best interests of the child. There is no presumption in favor of either parent, and the preference is for both parents to equally contribute to raising the child. To assess what is in the best interests of the child, the court looks at the following factors:

• The age and sex of the child;
• The parents’ wishes;
• The wishes of the child, especially if over the age of 14;
• The nature and quality of the child’s relationship with the parents, siblings and other significant individuals;
• How adjusted the child is in school, the community and at home;
• The mental and physical health of all parties; and
• Evidence of domestic violence.

If there is a conviction for domestic violence, which was witnessed by the child, that party will not be granted primary custody. In addition, he or she is almost certain to be limited to supervised visitation for at least one year.

Joint Custody

As stated, the preference is for the involvement of both parents, and joint custody is the arrangement that best serves this goal. Joint custody does not necessarily mean equal amounts of parenting time, but rather that both parents share parenting time and decision-making responsibilities. While agreement between the parties on joint custody is important, the court still looks at a number of factors to determine if joint custody is in the best interests of the child. These factors include:

• The fitness and suitability of each parent;
• Whether the parties can work together and put the child’s welfare first;
• The child’s wishes, especially if over the age of 14;
• How close the child is with each parent;
• Whether the parties live close to one another and plan to continue to do so; and
• The physical and emotional environment present in the home of each parent.

Talk to a Divorce Attorney

Determinations of child custody are some of the most important decisions in a parent’s life, and should be thought through and negotiated with the assistance of an experienced divorce attorney who will keep your best interests in mind. Attorney Christopher L. Arrington helps clients in the Indianapolis area with variety of family law matters, including child custody, and he can help you obtain the child custody arrangement that is best for your family. Contact him to schedule an appointment.