Child custody decisions are sometimes easy to make, especially in cases where one parent does not have the time or resources to adequately care for a child. Often times both parents have legitimate cases in support of the child primarily living with each of them. These disagreements usually emerge at the beginning of the divorce as each parent comes to realize the other is not willing to budge on his or her intent to gain custody. It is at this point that the court is asked to enter the fray and decide which parent would be better suited to providing the bulk of the childcare.

The parent who loses this fight may not quietly acquiesce to the court’s decision, as illustrated in a recent article in the Summit Daily that discusses a father who kidnapped his son in violation of a custody order. The father failed to return the child to his mother at the appointed time and intended to take the child to another state, when he was arrested in Indianapolis. It is rare for a parent to take such drastic action, and knowing how custody decisions are made in Indiana may help a parent better understand why courts decide as they do. An outline of guidelines used in Indiana’s courts to decide child custody arrangements will appear below.

Factors in Deciding Child Custody

The law in Indiana does not favor either parent when determining child custody and consequently gives both parents full consideration when designating the custodial parent. The best interests of the child is the determinative factor in any custody decision, and Indiana has two types of child custody – physical and legal. Physical custody is where the child actually stays and can be divided equally between the parents or one parent may have primary physical custody with the non-custodial parent entitled to parenting time. Legal custody relates to authority to make important life decisions for the child related to things like education, medical care, and childcare. Legal custody may also be shared or awarded to one parent.

Courts look at a number of factors to determine what is in the best interest of the child. Some of these factors include:

• Age and sex of the child;
• Wishes of the parents;
• Wishes of the child, with additional consideration given to the wishes of children 14 or older;
• The interaction and quality of the relationship the child has with each parent, siblings, or anyone else greatly affecting the child’s best interests;
• How well the child is adjusted to school, home, and community;
• The mental and physical health of all the parties; and
• Any patterns of domestic violence or abuse by either parent.

Parenting Time

All non-custodial parents are entitled to a reasonable amount of visitation or parenting time with their child, and a court cannot restrict this right unless there is evidence that spending time with the parent could endanger the child’s physical health or stunt his or her emotional development. Courts encourage parents to come up with their own parenting time schedules based on their needs and availability, but a court will make this decision for the parents if necessary. If it comes to the court’s attention that there is a concern about the child’s welfare with the non-custodial parent, the court may interview the child separately to ascertain how the child feels about spending time with this parent to see what the possible effects this exposure could have on the child. The court has the option of permitting attorneys to attend the in-chamber interview by the court, and if so, the attorneys have the right to record the interview and later use it if the court’s decision is appealed.

Get Help

Many child custody decisions have long-term repercussions that are hard to see at the outset, and this is why asking an attorney to evaluate any custody arrangement before agreeing to it is important and necessary. Christopher L. Arrington, P.C. is a family law attorney serving central Indiana who can help you with these issues. Contact him to schedule an appointment.