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How Child Custody Cases in Indiana are Decided by Judges

When parents make the decision to divorce, the next challenge to tackle is what to do about the kids. Many times, there is a false belief that when it comes to child custody, the same outcome happens for every family. The truth is, there are many factors that a judge will consider when determining how to divide parental rights to their children. In the state of Indiana, custody is divided into two categories — legal and physical. Legal custody authorizes a parent to make decisions on how their child will be raised and to play a role in making decisions for their children. While physical custody defines the primary parent with whom the child will live.

If you have children and are going through a divorce in Indiana, Christopher L. Arrington is an Indiana child custody attorney who can work with you to help you achieve your desired outcome. Divorce is hard enough, but when children are involved it becomes even more tricky and oftentimes, both parents want to be the primary caregiver. In cases in which both parents are competent, the state of Indiana says that each of the parents should be awarded important and meaningful time to spend with their children. 

What Factors Do Judges Use When Determining Custody?

First, it is untrue that the mother always wins custody of the children. Because the Indiana child custody judge will want to make a decision that is the best for the child, the judge will scrutinize every aspect of each parent and think about how to best divide time. Some of the factors that will be considered include:

  • The child’s age and gender.
  • What the parents are asking for.
  • What the child wants.
  • The competence and safety of the parents.
  • The existence of other siblings.
  • Other people who may be involved in caring for the child. 
  • The child’s routine with school, activities, and friends.
  • If other parties besides the parents should have custody.
  • If there has been any domestic violence by either parent.

There are actions that parents can take that can also jeopardize their case. Posts you have made on your social media, for example, can come back and haunt you by playing a role in a judge’s decision. Additionally, even in situations in which the parents do not get along, they are still expected to treat each other with kindness and respect. Speaking ill of the other parent is not acceptable, and if a judge believes that you will act this way, they will take this into account when figuring out how to make the custody arrangement.

Speak With an Indiana Child Custody Attorney Today

The process of dividing time between parents with their children and putting a legal stamp on it is an emotionally loaded process. There are several elements that must be examined thoroughly to figure out what truly is the best situation for the children. Even feuding parents should be able to agree on doing what is right and healthy for their children. There are ways to work issues out and to find a suitable resolution for each parent that will keep both actively involved in their children’s lives. Christopher L. Arrington, a trusted Indiana divorce attorney who can help you with your Indiana custody situation. Call today to schedule a free consultation at (317) 745-4494.

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