Divorce is often one of the most difficult things a couple must endure during the end of a relationship. Distributing assets and property can become combative and be anything but amicable. However, one of the most harrowing aspects of a divorce has to be determining child custody. Parents often times neglect to file for a divorce in the fear that their children will be negatively affected. This is because deciding who has custody of the children is not always straightforward. It is usually broken down into two components: who has legal custody and who has physical custody. To make things more complicated, it is not uncommon for both arrangements to be set up differently.

Legal Custody

Legal custody refers to the responsibility of making decisions about the important aspects of a child’s life. This may include decisions about a child’s:

·      Medical care;

·      Schooling;

·      Religious instruction; or

·      Psychological counseling.

Since parents while married are used to making these decisions together, the court generally leans towards granting joint legal custody to both parents when appropriate. However, in some cases where there may be evidence of abuse or one parent lives far away and is unable to make day-to-day decisions for the child, legal custody may be awarded to only one parent. According to Indiana law, a “biological mother of a child born out of wedlock has sole legal custody of the child.” There are some exceptions to this rule and you can read more about them here. The court will also consider several factors that comply with the best interests of the child.

Physical Custody

Legal custody primarily deals with life decisions that are made for a child but physical custody determines which parent the child will live with for the majority of his/her adolescent life.” In some cases, physical custody may be granted to both parents. However, a parent who is not given physical custody obtains visitation rights to see his/her children. In fact, to highlight the importance of continuing interaction with both parents, Indiana refers to visitation rights as “parenting time.” Indiana law also sets forth several guidelines for how adequate parenting time should be provided. These guidelines are based on the premise that children should have frequent and meaningful contact with both parents. A parent who solely obtains physical custody of a child is referred to as the “custodial parent” and the parent who is awarded parenting time is referred to as the “non-custodial parent.” Problems may arise when either a custodial or non-custodial parent decides to move out of state. The court usually requires notice of the move and might hold a hearing to amend custody, visitation or child support orders relating to the children.

Contact an Indiana Divorce Attorney

If you are considering divorce and are unsure of your legal rights regarding child custody, contact an experienced Indiana family law attorney today. Chris Arrington will work with you to resolve any issues with your spouse and will make sure you don’t unnecessarily lose any precious moments with your children.