Child Custody Decisions in Indiana

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What Decisions have Indiana Courts made Regarding Child Custody?

The Indiana court may award either sole custody or joint custody if such awards are found to be in the best interest of the child. In the event that the parents fail to reach a mutual agreement regarding custody arrangements, the court will enter a custody order without presuming in favor of either of the parents.

What factors are used in deciding a custody order?

An Indiana court will consider all relevant factors in determining which type of custody order bests suits the needs of all parties. Some of these factors include:
• Information on the child’s basic profile, such as their age and sex
• The wishes of the child, especially if the child is 14 years of age or older
• The interrelationship of the child with parents, siblings, and any other significant figure in the child’s life
• The general physical and mental health of all the persons involved, especially in relation to the child’s ability to adjust to new surroundings
• Evidence of patterns of abuse or domestic violence of either parent
• Involvement of a de facto custodian or guardian

Are there any special provisions to consider under Indiana child custody laws?

Indiana child custody laws make special mention of circumstances involving a de facto custodian who is rendering care to the child. If the child is currently under the care of a de facto custodian, the court will make the custodian a party to the custody proceeding. The court may award custody to the de facto custodian if it is shown to be in the best interests of the child.

Do I need to contact a lawyer for my child custody issues?

Any child custody hearing will involve analysis of several factors and their relation to current Indiana laws. Therefore the services of a lawyer can be indispensable in ensuring that your child’s best interests will be properly met by the custody order. A competent family law attorney can help aid in the process of determining custody.

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Last Modified: 06-11-2010 03:48 PM PDT

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