Your bond with your children is probably the most important aspect of your life. When circumstances, such as a divorce, present challenges to maintaining a loving bond, you need a legal solution that protects your rights, now and in the future. At Patterson Law LLC in Fort Wayne, we understand what’s at stake for you and your children. We work determinedly and creatively to craft a parenting plan that fits your unique circumstances, giving you security and peace of mind. When parents are reasonable, we can generally reach agreement through negotiations. But if there are extraordinary circumstances that require a court hearing, you can rely on our diligent preparation and trial skill, as we fight for your rights and your child’s welfare.
Indiana family law divides child custody into two main components:
Each type of custody can be either:
The award of custody can be done in various combinations. Commonly we see:
When parents share legal custody, there may be a mechanism included in their plan for resolving disputes without having to go back to court.
There are many factors a court considers when deciding on a custody plan, such as the parents’ relationship, whether a parent is likely to encourage a healthy relationship between the child and the other parent, a parent’s ability to provide a suitable residence for the child, and a parent’s ability to act as a primary caregiver. Work obligations and availability are often key considerations. However, the overriding consideration is “the best interests of the child.” That is the standard the court uses for determining grandparent visitation as well.
After the court rules on the issue of custody, the parties are bound by those terms until there is an official modification of the first ruling. This means that if your parenting plan proves impracticable after a divorce or separation, you must ask the court to revise the order. Often, the court requires you to show a substantial change in circumstances or an unwillingness on the part of the other parent to abide by the court order. However, as long as what you’re proposing is in the best interests of the child, and you can show a substantial change in some circumstance, even if it’s only the child’s age, it’s possible to get approval for a modification even if the other parent resists.
Patterson Law LLC in Fort Wayne represents Indiana parents in a variety of child custody disputes. To schedule a consultation, please call 260-247-8383 or contact us online.