Child custody is one of the most contentious parts of a divorce or legal separation. All parents have the legal right to be part of their child’s life and to have a say in their education and welfare.
There are several types of custody in Indianapolis, depending on what you and your ex-spouse prefer and how you cooperate after a separation. Our compassionate child custody attorneys at Eskew Law could help you get the type of custody that will benefit you and your child. Contact us today to schedule a consultation.
There are two basic forms of custody in Indianapolis: legal and physical custody. Legal custody is the right to make decisions about education, healthcare, and religion for your child. In most cases, parents receive joint legal custody of their child. A judge may award sole legal custody to one parent only if there is a very compelling reason to do so, such as the other parent is unfit or is unable to make decisions for the child.
A judge may deny you or your ex-partner legal custody if you cannot be easily contacted to make decisions for your child, or if the court has deemed you incompetent and you cannot legally make decisions. In rare cases, judges may award sole legal custody if you and your ex-spouse cannot cooperate and one of you will not agree to make decisions in the best interest of your child.
Physical custody refers to where your child lives on a regular basis. Joint physical custody means your child spends roughly equal time living with both parents. Although courts may try for a 50/50 split, this is not always practical. Your attorney could explain the various methods used to divide the time your child spends between each parent. If both parents live close to the school your child attends, a 50/50 split may be more possible.
Primary physical custody means that your child lives primarily with the custodial parent and the other parent has regular parenting time. You could agree to this kind of custody schedule in Indianapolis when one parent lives farther away, and transportation is difficult, or if one of you cannot accommodate a weekly custody schedule.
In a sole physical custody arrangement, your child lives with the custodial parent the majority of the time, and the non-custodial parent may have regular parenting time. In all custody arrangements, the courts will consider division of holidays, special days (such as birthdays), school breaks, and summer vacations.
In an Indianapolis custody arrangement, judges prefer you and your attorneys work out what sort of schedule is agreeable for everyone. If you and your ex-partner can reach an amicable arrangement, it is better for everyone involved. Otherwise, the judge will create a custody arrangement in the best interest of your child. Children over the age of 14 may express their own desires for a custody arrangement, though their wishes will not be the sole determining factor. Judges also consider:
If you need to modify a custody agreement later, you can do so with proof of a substantial change of circumstances or one of the custody factors, and also that such a change would be in the best interests of the child. Our attorney could help you when it is time for a custody modification.
Although there are many different types of custody in Indianapolis, family courts always err on the side of your child’s well-being. You and your child may fare better in the long term if you can work out an agreement with the help of our attorneys. At Eskew Law, we could help you and your ex-spouse come to an arrangement that the court may approve. Contact our office today for an appointment to discuss your options.
Facing legal issues can be very overwhelming. Defending against criminal charges, navigating a personal injury claim, and advocating for yourself during a family law case can be difficult when you’re also balancing all your other responsibilities. At Eskew Law, we know how challenging this time can be for you, and we are dedicated to making it easier for you and your family.
If you are looking for a compassionate lawyer serving Indianapolis with integrity and professionalism, look no further than Eskew Law. With over seventy-five years of experience serving clients in Indiana, we are confident that we can help you get the answers you need and reach the resolution you deserve in your case.
