Indianapolis Parenting Time Lawyer
In an ideal situation, a child would have equal time with both parents. However, often times due to distance, tension between the parents, financial difficulties, or other issues, this is not the case. If you are not awarded primary physical custody in a divorce, you may worry that the custodial parent will withhold your child from you. Indiana law presumes that it is in the best interests of the child to have access to both parents, absent extraordinary circumstances. Therefore, it is your right as a parent to request reasonable parenting time. This means that if the custodial parent is unwilling to permit you to see your child and the court has not prohibited you from seeing the child, you can have the court intervene to set up and enforce a plan.
Child custody and parenting disputes are exhausting, stressful, and emotionally draining for both you and your child. In order to return to focusing on your relationship with your child, it is crucial that you choose the right Indianapolis parenting time lawyer. The right attorney will understand your needs and goals, will tailor representation to match those needs and goals, and will effectively advocate for you and your child in court. The Indianapolis family law attorneys at Eskew law, LLC have dedicated their careers to assisting Indianapolis and Central Indiana residents with resolving their family disputes. For more information on how we can help your family, call Eskew Law, LLC at (317) 974-0177.
If you and the other parent are divorcing or were never married, you would ideally be awarded joint physical custody of your child. This is essential a shared parenting time schedule. This allows both parents to play a vital role in the child’s upbringing. Physical Custody can be seen as being subject to the other parties’ time. So, the closer the parties are to equal time with the child, the less there is a designation of primary physical custody. While Indiana courts recognize a minimum parenting time, there is no requirement that a court explain why they’ve it set up in excess of the minimum. If you are undergoing a hardship in your life, the judge may believe you are not currently ready or able to fully dedicate your time and attention. In that case, you can expect the court will order the other parent to have primary physical custody subject to your time. During this time, you may be upset, sad, and confused, worried about when you will see your child next. Even if you are not the custodial parent, you are still afforded reasonable rights under the law.
This is the decision-making authority for the child. It covers educational, religious, and health care decisions. The courts are inclined to order joint legal custody so long as the parents can demonstrate the ability to communicate and reach a decision without involving the child or becoming embroiled in violent arguments. In the event you do not agree after reasonable discussions, the court can still resolve the issue.
Parenting time is not the same as custody. Custody defines legal rights, parenting time is a schedule for seeing your child. The courts usually define this in terms of the non-custodial parent; however, both parents time with the child is considered “parenting time.” The amount of time and frequency is determined by the judge, usually referring to the Indiana Parenting Time Guidelines. This time takes many formats, such as:
• Supervised time at a facility or with a professional trained in supervision
• Short-term time together supervised by the custodial parent, usually for infants in non-marital cases
• Short-term unsupervised time, usually midweek
• Time such as overnight or weekend visitation
• Extended parenting time such as spring break, summer vacation, holidays
The custodial parent may be willing to work with a non-custodial parent on developing a schedule that works for everyone. However, given the tension and emotions involved in a child custody dispute, many visitation schedules are left in the discretion of the court. The judge will determine what schedule is in the child’s best interests that is reasonable under the circumstances. If either parent fails to follow the schedule, such as by failing to show for a meeting, refusing to allow the child to participate, being late for an exchange, you can file for contempt to enforce the parenting schedule. If there is a different schedule for parenting time that would be better for the child, you may also move to modify the parenting time schedule to change the frequency or length of parenting time.
Zealous and Diligent Representation of Indianapolis Parents Seeking Visitation Rights
You want to spend time with your child, and Eskew Law, LLC wants to assist you with enforcing your right to visitation. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To schedule your consultation, with a compassionate Indianapolis parenting time lawyer, call Eskew Law, LLC at (317) 974-0177 now.