Indiana / Lake County Child Custody Attorneys

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In Indiana, child custody is divided into two types: legal custody and physical custody. A parent having legal custody has the legal right to make religious, educational, and medical decisions for the child. A parent having physical custody has the right to have the child reside with him or her. In some instances, parents may have joint physical custody, joint legal custody, or both joint physical and legal custody. Parents share in the rights with respect to the type of joint custody they share.

When determining child custody, courts consider what are in the best interest of the children. Indiana outlines the following as the “best interest of the children” factors that courts are to consider:

• The age and sex of the child;
• The wishes of the child’s parents;
• The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age;
• The interaction and interrelationship of the child with the child’s parents, the child’s siblings, and any other person who may significantly affect the child’s best interest;
• The child’s adjustment to home, school, and community;
• The mental and physical health of all individuals involved;
• Evidence of a pattern of domestic or family violence by either parent; and
• Evidence that the child has been cared for by a de facto custodian. See I.C. §31-14-13-2.

Primary physical custody means that the children live with one parent – the custodial parent – more than 50% of the time and it is often what each parent desires. The parent with whom the children live with less than 50% of the time is known as the non-custodial parent.

Parenting time, commonly called visitation, is the time the non-custodial parent is allotted to spend with the children. Parenting time is important for children as it preserves the bond between parent and child.

In Indiana, courts may modify a child custody order only if it finds that doing so is in the best interest of the child and if there is a substantial change in circumstances. Modifying a child custody order can be difficult, but it is not impossible.

A child support order is a legal obligation to provide financial support for a child or children, and it is established by a court. Ultimately, all child support obligations in Indiana are governed by the Indiana Child Support Rules and Guidelines issued by the Indiana Supreme Court. Said guidelines provide a method by which to calculate child support as the share of each parent’s income estimated to have been spent on the child as if the parents and child were continuing to live in an intact household. The calculated amount for the noncustodial parent establishes the amount of child support to be paid to the custodial parent to be spend on the child. As to be expected, there are special considerations that can cause a deviation from the guidelines.

Children are at the center of many family law disputes and at Robbins and Seville, LLC, our family law attorneys provide clients with effective legal representation by utilizing aggressive tactics and providing constant guidance throughout the entire custody dispute.