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3 common questions surrounding child custody in Indiana

On Behalf of | Jan 20, 2021 | Family Law

When married parents choose legal separation, it has a major impact on their offspring. The children may have to adapt to essentially a new way of life. 

There are many factors involved in child custody cases. Due to the large number of regulations and considerations, such proceedings are often complicated. As a result, divorcing couples with shared progeny and their families often have questions about them. 

1. What kinds of custody are there?

Indiana law classifies child custody as one of two kinds. Physical custody encompasses a child’s residence and regular care, such as transportation and meals. It concerns a youth’s actual physical location. Legal custody refers to a parent’s right to make important choices that impact the child’s life, including decisions about medical matters, education and religion. Both types may be either sole or shared. 

2. Do grandparents have rights?

The state allows courts to grant grandparents visitation if the court finds that it is in the child’s best interests. There are three conditions that qualify a grandmother or grandfather to petition a court for visitation in Indiana (he or she only needs to meet one). The first is that the child’s father or mother is dead. The second is the dissolution of the parents’ marriage. The third is that the parents were not married during the child’s birth. The last one is contingent on the establishment of paternity in the case of grandparents from the father’s side. 

3. Does the court consider children’s wishes?

The judge makes all final decisions about child custody. However, the child’s preference is generally noted and taken into consideration. After said kid reaches the age of 14, this opinion gains further weight. 

Child custody is an important legal matter. Settling on an appropriate arrangement may become a rather lengthy and complex process.