Indianapolis Child Custody Attorney
At Trapp Law, LLC, we understand the importance you place on your children. Our Indianapolis child custody lawyers provide compassionate counsel and assertive representation in all types of child custody and visitation cases, designed to protect our clients’ rights and achieve their goals.
Indianapolis Child Custody Resources
- Hire an Indianapolis Child Custody Lawyer from Trapp Law LLC
- What is Parenting Time in Indiana?
- How Does the Court Determine Child Custody?
- What are the Types of Child Custody?
- What is the Difference between Legal Custody and Physical Custody?
- Can a Child Choose Which Parent They’d Like to Live With?
- Is Indiana a Mother or Father State?
- Can a Child Custody Order Be Changed in the Future?
- How Can a Parent Lose Custody in Indiana?
- How Can Creative Child Custody And Parenting Time Solutions Help?
- Contact a Child Custody Attorney in Indianapolis
Hire an Indianapolis Child Custody Lawyer from Trapp Law LLC
We offer creative solutions, customizing our approach in each case to accommodate the needs of our clients and their children. Trapp Law, LLC, assists clients in the resolution of legal problems involving:
- Child custody
- Visitation and parenting time
- Modifications in child custody and visitation
- Proposed child relocations
- Representation in custody disputes
- Termination of parental rights
- Paternity as it relates to custody and visitation
To learn how we can help you achieve your custody or parenting time goals, contact our Indianapolis child custody attorney at Trapp Law, LLC.
What is Parenting Time in Indiana?
Parenting time, also known as visitation, is the time that parents who do not have physical custody spend with the child/children. Parenting time can also be supervised if there is evidence the time spent together could endanger the child’s physical health or significantly impair their emotional development.
How Does The Court Determine Child Custody?
In Indiana, judges assigned to custody dispute cases have to look at several factors to determine what type of custody would be in the child’s best interest. The factors include:
- The parents’ wishes
- The sex and age of the child
- The child’s wishes (if they are at least 14 years of age)
- The interaction of the child with their parents and/or siblings
- The mental and physical health of all parties
- The child’s current state in school, the home, and the community
- Record of a pattern of family or domestic violence by either parent.
What are the Types of Child Custody?
Whether married or have gone through a divorce with the help of an Indianapolis divorce lawyer, parents who share children together will need to have a custody arrangement in place in the event that they separate. There are several different types of child custody that can be agreed upon between the parties or with legal help.
The parent who is awarded sole custody will be the primary caregiver. The non-custodial parent will only have visitation rights. This type of custody is determined by the lack of relationship the non-custodial and if there has ever been a history of domestic abuse and/or drug and alcohol abuse.
If the parents are amicable, they will file for joint custody. With joint custody, both parents have equal rights in the decision-making process for the children. They will also share financial responsibility for raising the child.
Physical custody is where the child primarily lives with one parent and the parenting time is not shared equally.
Joint Physical Custody
This type of custody means that both children spend an equal amount of time with the children. Custody can rotate weekly or be broken up mid-week. This type of custody typically benefits younger children.
A parent with legal custody is the one responsible for making important decisions regarding the children. They have control over things such as their religion, what school they attend and other important decisions.
What is the Difference Between Legal and Physical Custody?
During the legal custody process, there are many terms thrown around that can be confusing. Fighting for legal and/or physical custody comes with different responsibilities for each type of custody. With legal custody, the parent with this type of custody is in control of the decisions made for the child on a daily basis. This can include matters such as where the child goes to school, the type of medical care they receive, and their religious beliefs. Alternatively, physical custody revolves around where the child will live. This can is a very important decision and can affect the non-custodial parent’s relationship with the child.
Can a Child Choose Which Parent They’d Like to Live With?
When children are young, they may not have as much of a say in custodial matters as they might like. However, as they age, they may develop a preference for one parent over the other. In some cases, a judge will consider an older child’s opinion when deciding on physical custody.
Although a judge can’t solely base their decision on the words of a child under the age of 14, they are certainly taken into consideration. Additionally, judges are trained to watch for specific signs that a child may be being influenced by a parent.
Is Indiana a Mother or Father State?
Unfortunately, there is an assumption that mother’s are automatically given custody. However, the state of Indiana favors both parents equally when it comes to custody. It’s important for a child to have a meaningful relationship with both their mother and father. At the beginning of a child’s life, a married couple share joint legal custody. While equal rights to the child is ideal, unfortunately sometimes child custody decisions are made in the best interest of the child.
Can a Child Custody Order Be Changed in the Future?
A custody order set in place by a judge should be followed immediately. But this does not mean the custody order is set in stone. Over time, what is best for the child and what a child needs may change. Orders can be modified temporarily or permanently changed if one or both parents request it, but parents cannot ignore a current order. A current order needs to be legally modified.
How Can a Parent Lose Child Custody in Indiana?
There are many reasons why a biological parent can lose their parental rights, including:
- Chronic abuse and neglect
- Alcohol or substance abuse problems
- Mental illness and disability
- Conviction, incarceration, or a pattern of criminal activity
How Can Creative Child Custody And Parenting Time Solutions Help?
Almost every parent wants to have 100 percent custody. However, the courts in Indiana tend to favor custody and visitation solutions that allow both parents to share parenting responsibilities. With the help of an Indianapolis child custody lawyer, you can create a custody plan that works for the interests and schedules of both parents. Separating holidays, weekends and other eventful days evenly can make co-parenting easier for all parties involved.
Having parenting time solutions in place can also create a schedule that can give a sense of stability for the child during this transition. By making these important decisions together with the help of a lawyer, the process can be less stressful and emotional for all both parents.
Courts try to always decide custody and visitation matters in ways that protect the “best interest” of the child. An experienced Indianapolis child custody lawyer can play a critical role in a custody dispute by presenting evidence that guides the judge to an outcome that is favorable to a parent.
If a negotiated agreement is not appropriate, Indianapolis child custody attorney Angela Trapp will vigorously represent you in court, seeking a positive outcome for you.
Contact a Child Custody Attorney in Indianapolis
Contact Trapp Law, LLC, for a free initial consultation about a custody or parenting time matter. Courts try to always decide custody and visitation matters in ways that protect the “best interest” of the child. An experienced Indianapolis child custody lawyer can play a critical role in a custody dispute by presenting evidence that guides the judge to an outcome that is favorable to a parent.
If a negotiated agreement is not appropriate, our Indianapolis child custody attorneys will vigorously represent you in court, seeking a positive outcome for you.