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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 in Indianapolis, we will take the time to learn about your family and craft a parenting plan that works for you.

Child Custody Indiana

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 custodyChild 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.

Creating a Workable Parenting Plan for All Parties

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 times. 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 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.

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 her online or call (317) 634-9484 for a consultation. Hablamos español.

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