Full custody is a common form of child custody and allows a parent to make all of the decisions regarding their child’s life. In Indianapolis, it can be challenging to get full custody of your children. The Indianapolis legal system puts the children’s best interest first, and a standard of proof must be met for any parent to get full custody. Read on to learn how the Indianapolis legal system works and what you can do to increase your chances of obtaining full custody of your children.
What is Full Custody in Indiana?
Full custody is a legal term when a parent has all rights to a child’s physical and mental care. This can mean they have the right to decide where their children live, who they live with, and what happens when they’re not around. It’s often referred to as “sole custody.”
In Indiana, full custody is usually granted only when there is evidence that one parent is unfit to care for the children. A parent seeking sole or joint custody in Indiana must be aware of this decision’s legal and practical implications.
Work With a Qualified and Experienced Lawyer
Before making any decisions related to your child’s well-being, it’s essential to get professional legal advice. The legal process can be overwhelming. However, having an experienced lawyer on your side will make things easier for everyone involved.
Choosing a lawyer who is experienced in family law and understands how to navigate all of the different procedures involved in litigation. Many lawyers specialize in this area and can help guide you through every step of your case. Trapp Law LLC is an excellent example of an experienced firm that provides quality legal representation in family law matters. They specialize in family law, including divorce, child support, and property disputes.
Place Your Child’s Best Interests First
You must act in the child’s best interest if you want full custody of your child. Placing your child’s best interests first is always the right thing. It is important to understand that a judge will not grant full custody just because you want it. A judge will consider all relevant factors to determine the arrangement in the child’s best interest. Some of these factors include
- The child’s relationship with both parents
- The willingness of each parent to facilitate a healthy relationship between the child and the other parent
- Any history of abuse or neglect by either parent
Gather Information
Gathering information is an important step to getting full custody in Indianapolis. If you have a case, you need to know how solid it is.
You’ll need to gather information about your child’s living situation. This includes the names and addresses of their current guardians and the physical location of their home. You’ll also need to find out if your child has any medical conditions or special needs.
Your extended family, close friends, and neighbors are great resources for this. You should also talk to teachers, doctors, and other professionals who may have interacted with your child. You must document any information you find to ensure that you accurately understand your child’s health and needs.
Demonstrate Your Capacity to Be a Sole Parent
If you’re applying for sole custody in Indianapolis, you’ll have to demonstrate your capacity to be a sole parent. This means showing you have the knowledge, skills, and resources to raise a child. If you’re already raising children, you must have a history of doing so successfully.
If not, you must demonstrate to the court that you can provide for your children’s physical, mental, and emotional well-being. You must prove that you can provide your children with stability, security, and safety, as well as a nurturing home in which they can thrive. Additionally, you must demonstrate that you are available to meet their needs daily and have a dependable support system of family or friends who can assist when needed. Finally, you must demonstrate that you have the financial means to provide for and meet your children’s needs.
Provide Evidence Regarding Child Abuse or Neglect
One of the most common reasons parents in Indianapolis seek full custody is because of abuse or neglect. A parent may get full custody by proving that the other parent has abused or neglected their child. Child abuse can include physical abuse, emotional abuse, sexual abuse, and child neglect.
Collecting as much evidence as possible in cases of alleged child abuse or neglect is crucial before filing for custody. This will help the judge understand your position and make a decision that’s in the best interest of your children. You’ll want to include any documentation from police reports, interviews with people who have witnessed abuse, photos showing injuries to the children, etc.
Try to find someone close to the family who can testify how they are being treated. If not, try contacting other witnesses who might be willing to testify about what happened when they were around.
Provide Evidence of Drug and Alcohol Use by the Non-Custodial Parent
It will be much easier to convince the court that your ex-spouse is unfit to be a parent if you can show that they have been using illegal substances. This will help you get child support payments from the other parent and full custody of your child. A simple drug test could accomplish this goal.
Moreover, you may be able to demonstrate that they are a regular drug user by virtue of past arrests or by demonstrating that they were charged with drug possession. By taking these measures, you will be able to show the court that your ex-spouse poses a danger to your child’s well-being and strengthen your case for sole custody.
Takeaway
Never lose sight of your child’s best interests, regardless of your feelings toward the other parent. When petitioning for full custody of your children, remember to focus on why you are the better parent and make sure your reasoning is sound and backed up with evidence. Finally, a qualified and experienced lawyer can help guide you through the legal process of petitioning for full custody and ensure your rights are protected.