Indiana Child Custody and Child Visitation
Parents may have to face many difficult decisions regarding their children, but the issues of Indiana child custody and child visitation can be the most emotionally draining and legally complicated matters. Courts in Indiana solve these issues by doing what is in the best interests of the child. Indiana law provides a number of factors to help courts make these decisions. It is recommended that you consult an Indiana child custody attorney to receive a comprehensive understanding of your rights and responsibilities regarding child custody and child visitation under Indiana law.
Indiana Child Custody
Indiana courts will grant a parent sole child custody or joint child custody. Courts will appoint custody of a child in a manner that it is in the child's best interests. Indiana courts, when deciding what is in the child's best interests, assess the following factors:
The child's wishes can be ascertained through a court interview with the child in the judge's chambers. A record of the judge's interview will be made and used in court to help assess the child's best interests.
When deciding whether to grant joint custody, Indiana courts consider the best interests of the child and a number of different factors including:
Due to the emotional drainage that the child can incur during the child custody process, some children often face endangerment of their physical health or emotional development. As such, if the parents consent, the court may order one of the following to exercise continuing supervision over the case:
a) the court social service agency;
b) the staff of the juvenile court;
c) the local probation department; or
d) a private agency employed by the court for that purpose.
The complexity of the child custody process often creates many questions. As such, one should consult an Indiana child custody lawyer before addressing issues of a child's legal custody.
Indiana Child Visitation Rights
Generally, reasonable visitation rights (rights to visit and spend time with the child) will be granted to noncustodial (without custody) parents and nonparents. Following the same standard applied for child visitation, Indiana courts will only grant child visitation rights when it is in the best interests of the child. They will not grant visitation rights if doing so would endanger the child's physical well-being or impair the child's emotional development.
If the noncustodial parent attempting to get visitation rights has been convicted of a crime involving domestic or family violence that was seen or heard by the child, then there is a rebuttable presumption that his or her visitation time must be supervised for: a) at least one year and not more than two years immediately following the crime; or b) until the child becomes emancipated; whichever occurs first.
If a custodial parent attempts to interfere with the noncustodial parent's visitation rights, then a court may: a) find the custodial parent in contempt of court; b) force the custodial parent to pay the noncustodial parent's attorney's fees; or c) may order the custodial parent to perform community service.
Grandparents may also be granted visitation rights if it is in the best interests of the child and the parents are divorced or one of the parents died.
Make sure to discuss your child visitation rights with an Indiana child custody lawyer.
Indiana Child Custody and Child Visitation
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