When children are involved after a divorce, former spouses must continue to coordinate the care, custody, and visitation rights of affected parties. Indiana courts will use a “best interests of the child” standard when determining which of the different types of child custody to award. In this post we discuss matters relating to custody after the court has finalized the custody arrangement.

Visitation Rights

In some situations, an Indiana court may award sole custody to one of the parents. Even in this situation, however, courts will often grant the other parent some rights to visit the child. Visitation rights do not, though, give the visiting parent the right to conflict with the long-range parenting decisions of the custodial parent. Even for instances in which the other parent has been abusive, Indiana courts have allowed some visitation rights. In such circumstances, the courts often require that visitation be supervised (e.g., by a family friend or relative) and be limited to certain times and places.

It is important to note that the court may deny visitation for certain periods of time in order to get the visiting parent to comply with court orders–for example, to ensure that a parent has met his or her financial obligation. It is also important to note that other family members, beside biological parents, may be awarded visitation rights, including grandparents and stepparents.

Modifying Custody Arrangements

In Indiana, a parent seeking to modify a custody arrangement usually bears the burden of demonstrating to the court why the custody arrangement needs to be changed. The parent must show that–due to a substantial change in circumstances–it is now in the best interests of the child to modify the custody arrangement. Demonstrating such a need to change the custody arrangement can be difficult. In order to provide a stable environment for the child, courts are hesitant to change the child’s living situation without substantial justification.

One circumstance that may warrant a change in custody is when a parent has–without a valid reason–intentionally withheld visitation of the child by the other parent. Other circumstances that may warrant a change in the child’s living situation include death of a parent, remarriage of a parent, or criminal activity by a parent.

Violating Custody Orders

Parents may face serious consequences for violating custody agreements. For example, if a non-custodial parent fails to return the child after a visitation, the non-custodial parent may be subject to a fine or even jail time. If the non-custodial parent has taken the child out of the state, the fine and jail time may be more severe. One exception to this rule, however, is if the non-custodial parent has taken the child away from a dangerous environment (e.g., when the non-custodial parent has saved the child from abuse, abandonment, or the like). In this case, the non-custodial parent must prove that the child was in serious danger, and must file a petition with the court. In such instances, it is essential to have the help of a qualified Indiana family law attorney.

Contact a Family Law Attorney

If you are considering divorce and have questions about how an Indiana court will determine the custody of your children, it is vital that you contact a skilled Indiana lawyer. Attorney Christopher Arrington is dedicated to helping individuals involved in custody disputes understand their rights. Contact us today to schedule your free consultation.