Are you struggling with child custody and support disputes? Our skilled Indiana divorce attorney can help.
In Indiana, custody is awarded based upon the best interests of the child as determined by the court, based upon an examination of factors set forth by state law.
There are two basic forms of child custody in Indiana – legal and physical. Physical custody is where the child is physically located, while legal custody refers to how major decisions in the child’s life will be decided. Parents can share physical and legal custody, or one can have sole physical and/or legal custody, and the non-custodial parent will typically be granted parenting time, also known as visitation.
If one parent has sole custody of a child, the other parent will usually be obliged to pay child support as calculated using Indiana’s child support guidelines. If both parents share custody and their incomes are similar, they may be able to avoid a child support obligation, but if one makes significantly more money than the other, child support will be calculated based upon each parent’s income.
Parenting time may not be refused based solely on the failure to pay child support, although the custodial parent may file a contempt of court action in the original court where the divorce and child support orders were issued. In some cases, the court will order jail time for failure t pay child support.
If you are sorting out child support and custody issues in Hamilton County, Indiana, contact a family law attorney like Vanessa López Aguilera for compassionate legal counsel. Reach her online or call (317) 634-9484 to schedule a case evaluation.
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