Nothing matters more to you than your children. When your family faces a breakup or a divorce in Indiana, the thought of losing time with them is likely your biggest fear. You might worry about where they will sleep, who decides where they go to school, and whether your voice will still be heard.
At AJM Legal LLC, we recognize that child custody is often the most emotionally charged aspect of any family law case. Our goal is to help you understand exactly how the system works so you can make the best choices for your family. Indiana law focuses on one leading standard. However, understanding how judges apply that standard in real-life situations is key to protecting your role as a parent.
The “Best Interests of the Child” Standard
In Indiana, judges do not automatically favor the mother or the father. Instead, the law requires the court to make custody decisions based on the “best interests of the child.” This means the judge’s primary focus is not on what the parents want, but on what will ensure the child’s physical and emotional well-being.
According to Indiana Code 31-17-2-8, the court must consider all relevant factors to determine what is in the best interest of the child. These factors include:
- The age and sex of the child
- The wishes of the child’s parent or parents
- The wishes of the child (with more consideration given if the child is at least 14 years old)
- The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child’s best interests
- The child’s adjustment to their home, school, and community
- The mental and physical health of all individuals involved
- Evidence of a pattern of domestic or family violence by either parent
This list enables the judge to consider the broader perspective. For example, if one parent has been the primary caregiver and the child is thriving in their current school in Martinsville, the court may hesitate to disrupt that stability.
Legal Custody vs. Physical Custody
Many parents are confused by the different types of custody. Indiana law separates custody into two categories: legal custody and physical custody. You can have one without the other, and it is important to know the difference.
Legal Custody: Making Big Decisions
Legal custody refers to the authority to make significant life decisions for your child. These decisions usually involve three main areas: education, healthcare, and religious upbringing.
In most cases, Indiana courts prefer to award joint legal custody. This means both parents must communicate and agree on these significant issues, even if the child lives primarily with one parent. The court will look at whether the parents are willing and able to communicate and cooperate in advancing the child’s welfare (IC 31-17-2-15). If parents cannot communicate with each other without fighting, a judge may decide that joint legal custody is not feasible and award sole legal custody to one parent.
Physical Custody: Daily Care and Living Arrangements
Physical custody refers to the child’s actual residence and place of living.
- Primary Physical Custody: The child lives with one parent most of the time. The other parent usually receives “parenting time” (formerly referred to as visitation).
- Joint Physical Custody: The child spends a significant amount of time living with both parents. This does not always mean a perfect 50/50 split. It simply means the child has frequent and regular contact with both households.
Does a Child’s Preference Matter?
We often hear clients ask if their child can choose where to live. The answer is not a simple yes or no. Indiana law states that a child’s wishes are just one factor among many.
The statute specifically notes that the court will give more consideration to the child’s wishes if the child is at least 14 years of age. Even then, the child’s choice is not the final word. A judge in Morgan County will still evaluate why the child has that preference. If a teenager wants to live with one parent just because that parent has fewer rules or gives better gifts, the judge will likely disregard that preference.
The Role of the Indiana Parenting Time Guidelines
When parents cannot agree on a schedule, courts typically rely on the Indiana Parenting Time Guidelines. These guidelines provide a standard schedule that ensures the non-custodial parent has frequent, meaningful, and continuing contact with the child.
The Guidelines cover:
- Regular weekends (usually alternating)
- Mid-week visits
- Holidays (alternating each year)
- Summer break (often split equally)
These rules are a minimum standard. Parents are free to create their own schedule that works better for their specific jobs and lifestyles. The court usually approves any schedule that both parents agree on, as long as it is safe for the child.
Navigating the Courts in Morgan County
If you live in Martinsville, Mooresville, or the surrounding areas, your custody case will likely be heard in the Morgan County Courts. These are located at the Morgan County Courthouse at 180 S. Main Street, Martinsville, IN 46151.
Family law cases in our county are typically assigned to the Circuit Court or one of the Superior Courts. The judges here act as the fact-finders. There is no jury in a custody trial. This means the judge alone will listen to the testimony, review the evidence, and decide the outcome.
Local judges appreciate parents who prioritize their children’s well-being. They often look unfavorably on parents who try to use the children as pawns or who speak negatively about the other parent in front of the kids. Showing that you support your child’s relationship with the other parent is often one of the best ways to help your own case.
Can Custody Orders Be Changed?
Life changes, and sometimes custody orders need to change as well. But you cannot simply change the schedule because you want to. Indiana law requires a substantial change in one or more of the factors listed in the best interests statute before a modification can be granted (IC 31-17-2-21).
Examples of a substantial change might include:
- A parent relocating a significant distance away
- A dramatic change in a parent’s work schedule or health
- Evidence that the child’s academic or emotional health is suffering in the current environment
If you believe a modification is necessary, you must file a formal request with the court. The current order remains in effect until a judge signs a new one.
We Are Here to Help Your Family
Child custody battles are stressful. But you do not have to face them alone. We understand that every family is unique, and we take the time to listen to your individual story. Whether you are establishing custody for the first time or need to modify an existing order, we can help you understand your options and prepare for what lies ahead.
If you have questions about child custody in Indiana, contact us today. Let’s discuss how we can help protect your relationship with your children.
Call AJM Legal LLC at 765-636-0949.
