Custody
Child Custody
Issues concerning child custody are some of the most common problems that arise in the area of family law. Whether you’ve been through a divorce or are no longer in a relationship with the other parent of your children, our office has experience handling complex child custody issues.
Paternity
If the parents of the minor children were unmarried at the time of the birth of the children, then typically “marital presumption” does not exist. Marital presumption presumes that any children born to the marriage are the biological children of the spouses. If the parents are unmarried then typically the man must establish paternity before custody rights are awarded. Paternity is typically awarded in two (2) ways:
1. A paternity action in court;
2. Executing a paternity affidavit.
A court may also order all of the parties to the paternity action to complete genetic testing upon motion. The putative father (the man alleged to be the biological father), the mother, and the Department of Child Services may all file a paternity action. The Prosecuting Attorney of the County may also file a paternity action if requested. Those wishing to file a paternity action should do so within two (2) years after the birth of the child. Once paternity is established, then the parties are entitled to pursue child support, child custody, visitation, and parenting time or make an agreement regarding such.
Sole Custody vs. Joint Custody
The parent with “sole” legal custody, at their discretion, determines all of the major aspects of a child’s upbringing. These include but are not limited to the health care, religious training, and education of the minor child. Parents sharing custody through “joint” legal custody will share authority and responsibility for major decisions affecting the upbringing of the children. When awarding legal custody, the court will typically consider the fitness and stability of each parent, whether the parents can cooperate with each other, the wishes of child with more weight being given to children age 14 and older, the relationship between the child and the parents, the geographical location of the parents, and the environment of the home in which the parents live. When a parent is awarded sole physical custody of a minor child this means in essence that the minor child will primarily reside with them. When joint physical custody is awarded this typically means that the parents will split parenting time, with the minor child residing with each parent for an equal amount of time. When awarding physical custody, the court will consider “the best interests of the child.” These factors include the age and sex of the child, the wishes of the parents, the wishes of the child with more weight being given to children age 14 or older, the child’s adjustment to school, home, and community, the mental and physical health of all involved, any domestic violence, any evidence that the child has been cared for by a de facto custodian.
Child Support
Child support orders may be issued in any of the following causes: order entered after a party successfully petitions for child support, dissolution of marriage, legal separation, and paternity. Child support is calculated using weekly gross income. Child support orders may require either or both parents to pay an amount reasonable for support of a minor child. When awarding child support, a court will typically consider the following factors: the financial resources of each parent, the standard of living the child would have enjoyed had the parents remained together, and any physical or mental condition that may require financial support from the non-custodial parent and educational needs of the minor child.
The State of Indiana has adopted the Indiana Child Support Guidelines to assist courts in making determinations of child support. These guidelines are rebuttable, meaning that the amount paid in child support may deviate from the guidelines so long as the court and parties involved agree.
