When a parent faces sorting out child custody issues with a spouse or former partner, he or she typically approaches the issue hoping resolution will be easy and quick. Parents realize the damaging effects a drawn-out custody battle can have on their children, and usually try to make reasonable compromises to avoid unnecessary conflict. Unfortunately, some cases involve conflict from the beginning, and some parties continue to argue over child-related issues long after the divorce is finalized. Indiana courts see the effects of these custody disputes on heavily-burdened court resources, as cases involving children require almost 260 minutes to resolve, contrasted with the 39 minutes devoted to family law cases without children. While mediation and parenting classes help to reduce these disputes, new legislation was recently proposed that would change the approach courts take to child custody matters in hopes of reducing the need for complicated litigation. An overview of the proposed bill, and how courts currently make child custody decisions in Indiana will follow below.

Proposed Changes to Child Custody Decisions

The new law would change the focus of the court’s evaluation of custody matters from one based on the child’s best interests to one that presumes joint custody and equal parenting time should be the starting point. This shift is in keeping with current legal trends that favor creating an arrangement that would give the child as much time with each parent as possible. The bill would establish a standard parenting time schedule in which parents alternate physical custody on a weekly basis, unless the court approves another schedule submitted by the parents. However, the presumption in favor of joint custody and equal parenting time would be discarded if evidence is presented that a parent poses a danger to the child’s physical well-being or emotional development.

Current Law on Child Custody

The current approach to child custody does not give a preference to either parent, but rests on evaluating what is in the best interests of the child. This analysis is conducted by a court weighing a number prescribed factors designed to assess what type of arrangement would best to promote the child’s welfare. These factors include:

• The child’s sex and age;
• The parent’s wishes;
• The child’s wishes, with more weight given to children 14 and older;
• The quality of the child’s relationship with siblings, parents and other significant adults;
• How well-adjusted the child is to his/her community, school and home;
• The physical and mental health of the parties; and
• Evidence of domestic violence in the family.

This approach typically results in one parent bearing primary responsibility for the child, with the other being entitled to reasonable parenting time. Joint legal custody is awarded in some cases, especially if the parties agree to it, but that does not always translate into equal physical custody. Courts review additional factors that specifically apply to joint custody decisions, such as:

• The parties’ ability to cooperate with one another;
• Whether the parents live in close proximity to each other so parenting time is easier to manage; and
• The stability of home life offered by each parent.

Consult a Family Law Attorney

Child custody disputes can be some of the most contentious matters a parent will ever face. Nothing can replace time with a child, and if you are having difficulty working with an ex-spouse on custody issues, a family law attorney can help you secure your rights as a parent. Attorney Christopher L. Arrington handles a variety of family law cases in the Indianapolis area, including those concerning child custody, and will work to get you the custody arrangements you want. Contact him to schedule an appointment.