A custody battle is often one of the most stressful and difficult times in a person’s life.  It is a very personal relationship put into a very public eye and decided by someone completely unrelated to the situation.  If you are entering into a custody battle, it is important to know that, although you may not see it at all times, the court is always looking to find the arrangement that is in the best interest of your child.

In Indiana, as in most states, any custody battle will focus almost exclusively on the best interests of the child.  Unfortunately, such a standard is quite obviously extremely subjective.  However, knowing the law and the applicable guidelines going into such a battle may help you find the best solution for your child or children.

Indiana’s Parenting Time Guidelines

Indiana adopted the Parenting Time Guidelines through the Indiana Supreme Court.  Those guidelines are non-binding suggestions, but are a starting point in custody battles.  The Guidelines outline what is in the best interest of the child, and in a custody matter, the best interests of the child are the court’s focus.

According to the guidelines, it is in the “best interest [of the child] to have frequent, meaningful and continuing contact with each parent.”  While the guidelines do give specifics, they are meant as a model upon which a relationship should be built.  In other words, the guide is not set in stone, and is adjustable to meet the unique needs of every family.

Custody Arrangements

In consideration of the guidelines, an Indiana family court maintains many options when it comes to determining a custody arrangement.  The following are some potential outcomes when it comes to custody:

• Joint legal custody, which usually requires that the parents show that they are willing to get along and work together in raising the child;
• Joint physical custody, which depends on other factors, such as geographical placement, and is sometimes accompanied by sole or joint legal custody;
• Sole legal custody; and
• Sole physical custody, usually accompanied by sole legal custody.

In deciding what kind of custody arrangement is best, the court will take into account many different factors.  If the child is old enough, his or her opinion is considered by the judge.  The court will also consider some of the following factors, within its discretion:

• Age and sex of the child;
• Wishes of the parents;
• Relationship of the child with each parent and other family members;
• Health, both mental and physical, of the parents and child;
• Any evidence or patterns of domestic violence or abuse; and
• The child’s ability to adjust to home, school, and community life.

Entering into a Custody Battle

If you are involved in a custody battle, or think that you might become involved in one in the future, contact the Arrington Law Firm and start seeking help now.  We can help you fight for the best interests of your child and your family to find the best outcome for everyone.