One of the most difficult issues involved in a divorce is often child custody. Indiana courts, like those in all states, start with a presumption that it is best for a child to have frequent and continuing contact with both parents following a divorce, and judges will support joint custody arrangements if at all possible.
The exact child custody arrangement will be determined by the child’s best interests and the specific circumstances of each case. There are two basic forms of child custody in Indiana, physical custody and legal custody.
Physical custody is the place where the child is physically located. Parents may share physical custody and allow the child to spend equal time at each of their homes, or one parent can have primary physical custody, with the other having parenting time, also known as visitation.
Legal custody refers to major decisions that are made about a child’s life, such as where they go to school, obtain medical care, and attend religious services. If they are able to communicate and come to an agreement on issues regarding their child, parents can share joint legal custody, or one party can be awarded sole legal custody.
Until the child reaches the age of 18, Indiana courts will determine custody. However, by the age of 14, consideration is given to the child’s wishes when the court makes its determination.
Are you facing divorce and a potential child custody battle? Vanessa López Aguilera offers skilled legal services to families struggling with divorce and child custody disputes in Hancock County and throughout Indiana. Contact her online or call (317) 634-9484 to set up a consultation today.
Attorney Vanessa López Aguilera represents clients in the Indianapolis Metropolitan Area