Child Custody During Divorce in Indiana

Child custody during a divorce case in Indiana will either be determined by a judge or if the parents can come to an agreement on their own, the court can order such an agreement to be carried out.

Indiana Child Custody and Divorce

An Indiana court will determine child custody arrangements in each divorce case based on what is in the best interest of each child. The court may look at the following factors to help facilitate making the best decision in each case as to what the best interests of the child actually are:

Age and gender of a child or children;
The desires of each of the parents regarding the custody arrangement;
The wishes of the child or children if they are old enough to express preference;
Whether there are other parties such as siblings or other adults involved in each child's life that might make a difference;
Adjustments to home, school and community as a result of the arrangement;
The mental and physical health of both parents and other parties;
Any evidence domestic or family violence in the family;
The fitness and suitability of each parent to participate in a joint custody arrangement;
Whether the parents are willing and able to communicate and cooperate to facilitate joint custody;
Whether the child or children wish to be with both parents if they are old enough to express this preference;
The relationship between the child or children and each of the parents;
Whether the parents live near each other and will to continue living near each other; and
The physical and emotional situation in each parent's home.

Any other factors a court determines to be relevant to a particular case can also be considered in determining child custody in Indiana. The court can revisit any custody mandate if facts have changed and it would be in the best interests of a child.

Getting Legal Help

An Indiana divorce attorney will assist you with your case. Child custody can be a delicate issue. Having an attorney assist you will help you get what you want out of your case and ensure that you get everything you deserve in your divorce. If you have an amicable arrangement already with your spouse, it may be possible for an attorney to help you handle your divorce outside of the courtroom. This can be a great way to ease tensions and save money during divorce if it is appropriate in your case.

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