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Child Custody

Child Custody Attorney

In Indiana, the laws regarding parenting time are thorough. The guidelines are specific about all aspects of parenting time, from the suggested mode of transportation to the exchange of school records. Trying to read through the guidelines and decide what is and is not acceptable under the law can be overwhelming.

Whether you are a custodial or non-custodial parent, you want to be able to cherish the time spent with your child. Whether you need to create a parenting plan, dispute a current parenting plan, or simply have a question about Indiana’s parenting time guidelines, the Marion County law firm of Vanessa López Aguilera can provide the legal assistance you need.

In the past, courts typically granted mothers primary physical custody of children after a divorce in Indiana. However, today there are many different types of child custody arrangements, including plans in which fathers and even grandparents have primary custody. At the López Law Office, our child custody attorneys in Indianapolis will take the time to learn about your family and craft a parenting plan that works for you.

Who We Help

Every family’s situation is different, but many parents come to us facing similar challenges. We help when:

  • The current custody order is not being followed, or the schedule no longer works. This can happen because of a move, a school change, a new work schedule, a safety concern, or repeated conflict between parents.
  • The other parent is limiting your time with your child. Perhaps they are canceling visits, refusing access, or claiming you have no rights without a court order.
  • You need a formal custody order and are unsure where to begin. You may not know where to file, what forms you need, what the court will consider, or how the process starts.
  • You want both parents involved and need a workable plan. We help build practical schedules for weekdays, weekends, holidays, and school breaks, including transportation and arrangements that fit your child’s age and routine.
  • You and the other parent disagree, and the court may need to decide. Disputes over the schedule, school, medical care, safety, communication, or what is best for your child sometimes call for a judge’s decision.

If any of these situations sound familiar, you are not alone, and you do have options. Reach out today to see how we can help.

The Child Custody Process in Indiana

Indiana law puts your child’s best interests at the center of every custody decision. Understanding the fundamentals can help you feel more prepared for what lies ahead. Here are a few important concepts you should understand.

Types of Custody

Indiana no longer defines the time the child is with the nonphysical custodial parent as visitation. It’s called parenting time. The reasoning is the parent is not visiting but parenting the child.

  • Legal custody. The presumption in Indiana, in a divorce, is that both parents will have legal custody of children. Legal custody is the right to make major decisions about how your child is raised, including medical decisions, religious decisions, and education decisions.
  • Physical custody. Physical custody is where your child lives. In most cases, one parent will have primary physical custody while the other parent will have parenting time according to the Indiana Parenting Time Guidelines.
  • Modification to child custody. Child custody and parenting time can be changed after divorce if there are substantial changes in the child’s situation, such as issues at school, issues at home, or relocation. Indiana courts will consider the best interests of your child in deciding whether there should be a change in custody or parenting time.
  • Enforcement of divorce orders. If your ex-spouse is not abiding by a child custody and parenting agreement, you can go to court to enforce the order. If contempt is found, the judge can force your ex-spouse to pay your lawyer’s fees.

The Best Interests of the Child Standard

While a parenting plan must ultimately be approved by the court, it is a very personal process that takes into account the lives and schedules of both parents and the child/children. This sometimes lengthy process can be shortened if both parties work together to create the plan that works best for the child and both parents.

Mediation sessions are often mandated by the court when both parents cannot reach an agreement. Unfortunately, in cases where both parties cannot agree, the court is the one left to decide custody and parenting time. These decisions are made using a number of factors, including:

  • The child’s age and gender
  • The child’s expressed desires (more consideration given if the child is over 14 years old)
  • The parent’s expressed desires
  • The child’s current daily schedule and activities
  • History of abuse or violence

López Law Firm offers experienced guidance in creating parenting plans while working with Indiana’s parenting time guidelines. Spending quality time with your child is of the utmost importance, and you do not want such a personal decision to be made by the court. Our child custody attorneys in Indianapolis are ready to help.

Why Choose López Law Office

Choosing the right advocate can ease your stress and strengthen your case. López Law Office is dedicated to providing compassionate and reliable support during this difficult time. Here is what sets us apart:

  • Personalized attention. We treat you as a person, not a file number. We take time to understand your family, your goals, and your concerns before we build a strategy.
  • Clear communication. Legal language should never leave you confused. We explain your rights, your options, and each step in plain terms, so you always know where your case stands.
  • A practical case process. From your first meeting, we map out a straightforward plan. We keep you informed, respond to your questions, and pursue solutions that put your child first, whether through negotiation, mediation, or the courtroom.

Our goal is simple: to protect your relationship with your child while reducing conflict wherever we can.

Consultation With an Indiana Parenting Time Lawyer

The Marion County law firm of Vanessa López Aguilera is both zealous and compassionate; Attorney López will listen to your case and strive to protect your rights as a parent. You deserve to be well-represented, and your child deserves fair, uninterrupted time with their parent. If you have child custody concerns, make sure you have an experienced lawyer in your corner. Attorney Vanessa López Aguilera is highly skilled at handling custody disputes and will take every measure to protect your children’s best interests. Contact our child custody attorneys in Indianapolis today for a consultation. Hablamos español.

FAQs About Child Custody in Indiana

Can I change an existing custody order?

Yes, but you generally need to show a substantial change in circumstances and that a change would serve your child’s best interests. A move, a new work schedule, a safety concern, or a shift in your child’s needs may all justify a request to modify the order.

What happens if the other parent will not follow the custody order?

You have options. Courts can enforce custody orders, and we can help you ask the court to hold the other parent accountable while protecting your parenting time.

I am not married to my child's other parent. What are my rights?

When parents are unmarried, the mother has sole custody until a court rules otherwise. A father usually needs to establish paternity, through a signed affidavit or a paternity case, before he can seek custody or parenting time. We help unmarried parents at every stage.

How does the court decide what is best for my child?

Judges consider factors such as your child’s age, each parent’s wishes, your child’s relationships and adjustment to home and school, everyone’s health, and any history of family violence. The court reviews the full picture before deciding.

How long does a custody case take?

Every case is different. Some resolve quickly through agreement, while others take longer when parents disagree and a hearing is needed. During your consultation, we can give you a clearer sense of the timeline based on your situation.

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