An old saying goes that divorce is often hardest on the children. This is often true. Even under the best circumstances, a divorce means significant changes. This can include a parent moving out of the house, changing schools, and more. In most cases, parents can put aside their own differences and work towards the benefit of their children. However, some parents may not prioritize their child’s well-being during a divorce.

In some instances, parents will attempt to use their children as weapons against their former partner. This can include trying to use child custody as a way to “get back” at their former partner. This is unacceptable.

Parents should do their best to protect their children from the less pleasant aspects of divorce and not try to involve them even further. If you or a loved one is going through a challenging child custody dispute in Martinsville, Morgan County, or any surrounding area, contact AJM Legal, LLC today. The divorce and child custody attorneys at AJM Legal, LLC, can help you get custody and protect your children from getting caught in the middle of a potentially harmful custody battle.

Child custody is determined according to a variety of factors. Although many people believe that courts simply “side with the woman” and award custody to mothers, this is not true. The State of Indiana has a complex set of laws and guidelines it follows when determining how child custody will be split. The primary standard used by the State of Indiana to determine custody is “in the best interests of the child.” This means that the court’s decision will prioritize the child’s welfare above all else. Factors considered by a judge during a child custody hearing include, but are not necessarily limited to:

• Age and sex of the child
• Wishes of the child’s parents
• Wishes of the child: Judges may give more weight if the child is 14 or older, but they can consider younger children, too.
• The child’s relationship with parents, siblings, and other significant people: Strength and quality of these relationships matter.
• The child’s adjustment: How well the child is doing at home, school, and in the community.

Although children do not get to make the final decision regarding their custody, they may be allowed to have some input.

Your attorney at AJM Legal, LLC will be able to help determine how your child’s wishes should be conveyed to the court. 

The court will also consider other factors, such as whether one parent is moving to a new city or state, whether specific custody arrangements would require the child to change schools, and more. An experienced child custody attorney like the ones at AJM Legal, LLC, can review your case and determine what may become deciding factors in determining child custody.

There are two major types of custody in Indiana: Physical Custody and Legal Custody.

Physical custody refers to where the child lives and how parenting time is divided. One parent may have sole physical custody, meaning the child lives primarily with that parent while the other receives parenting time. Or the court may award joint physical custody, where the child spends substantial time living with each parent according to a schedule that reflects the child’s needs, school routine, and each parent’s work obligations. Joint physical custody is more common when both parents have strong, healthy relationships with the child and can provide a safe and stable environment.

Legal custody refers to the right to make major decisions about the child’s upbringing—such as education, medical care, religion, and major activities. Courts may award sole legal custody to one parent or joint legal custody, where both parents share decision-making responsibility. Joint legal custody is often appropriate when parents can communicate effectively and put the child’s best interests first, even if the child lives primarily with one parent.

In some cases, a parent with less physical custody may receive parenting time (commonly called visitation). Parenting time can be limited, supervised, or structured when the court has concerns about safety, stability, or long-distance living arrangements. Even when a parent has limited parenting time, they may still share legal custody—unless the court finds that joint decision-making is not in the child’s best interests.

Custody agreements also often include child support arrangements. An experienced family law and divorce attorney can review your case and determine the best potential arrangement for you and your family.

While court orders are legally binding, they are not final. Custody agreements are subject to change based on a variety of factors. Changing a custody agreement is called a modification. 

An agreement may be modified for numerous reasons, including changes to a parent’s financial status, job changes, a move, the need to change a child’s schools, and more. Modifications can be relatively simple if both parents agree about the need for changes. However, there are circumstances in which one parent may not wish to modify. 

For example, if one parent believes abuse is occurring, or if they believe their former partner’s home environment is no longer safe for their child, they may wish to seek a custody modification. If you require a custody modification, one of our family law and custody attorneys can review your case and help determine the best path forward.

Divorce is a challenging process. It can become even more overwhelming if child custody becomes involved. Everyone wants what’s best for their children, but heated emotions and hurt feelings can get in the way. When this happens, children are often caught in the middle. Being involved in a heated custody battle can be detrimental to a child’s mental health and development. That’s why if you or a loved one is going through a custody battle or may become involved in a custody battle, it’s vital you contact one of the compassionate yet dedicated Morgan County child custody attorneys at AJM Legal, LLC.

We wish to see every family who comes through our office move forward and live happy, healthy, productive lives. Determining custody doesn’t have to mean a drawn-out battle. Contact AJM Legal, LLC today at (765) 342-1962 to schedule your free consultation.