Primary physical custody indiana. Holiday Parenting Time Schedule Section III.

Primary physical custody indiana. Holiday Parenting Time Schedule Section III.

Primary physical custody indiana. Jul 7, 2023 · Having custody of a child means you have legal rights and legal responsibilities. 16-37-2-2. My daughter is having custody issues in Indiana. Understand the key differences between joint and sole custody in Indiana, including legal implications, court standards, and practical resources for parents. Child Custody Once a divorce or a paternity case is filed with the court, the court will establish a custody arrangement for the minor children involved. ” Physical custody is the responsibility of having the children live with you. When one parent has visitation rights, his or her time with the couple’s children will generally be more limited. This article addresses some of the most common questions about parental rights in Indiana, including ones on legal and physical custody, decision-making, child support, and legal representation. Under Indiana law, the presumption is one parent gets primary physical custody over the children and the other parenting time distinguished under the Indiana Parenting Time Guidelines. For guidance on custody types, contact our family law attorneys today! Dec 29, 2017 · Legal custody refers to the right to make decisions about your child’s education, healthcare and general upbringing, while physical custody refers to the right to provide a primary residence. C. Sep 16, 2025 · Explore Indiana child custody laws with Vantage Group Legal Services and protect your parental rights. These Guidelines are applicable to all child custody situations, including paternity cases and cases involving joint legal custody where one person has primary physical custody. 5% of parenting time and Jamie 44. Jan 13, 2025 · Learn the Indiana child custody process, the factors the court uses to determine custody, and how a custody lawyer can help the interest of your child. In Indiana, when a child is born to unmarried parents, the mother automatically has both legal and physical custody. Primary physical custody gives one parent the majority of parenting time. Legal Custody The mother will have sole legal custody of the child unless: Feb 3, 2025 · Fathers have equal custody rights in Indiana! Learn how courts decide custody, key strategies for dads, and legal steps to protect your parental rights. Child Custody General Information - What Is Child Custody? Child custody is defined as the guardianship over a child, which covers both physical custody and legal custody. Apr 6, 2020 · In Indiana there are two types of custody for children under the age of 19. Here's how an attorney can help. ” Custody Frequently Asked Questions This section is for parents or custodians who have questions about how to file custody forms with the court and other custody related questions. In determining whether an award of joint legal custody under section 13 of this chapter would be in the best interest of the child, the court shall consider it a matter of primary, but not determinative, importance that the persons awarded joint custody have agreed to an award of joint legal custody. The parent with primary custody has an advantage in a child support case. CUSTODY Legal and physical custody of a child may be changed by a court in a proceeding under Indiana law. Find out the benefits, rights and responsibilities of this arrangement. Even if parents are awarded an equal amount of parenting time with the child, one parent will be designated as the primary physical custodian. How Courts Decide Custody in Indiana If parents can’t agree on a custody arrangement, the court will step in and decide based on what’s best for the child. If you're co-parenting, you Understanding Parenting Time in Indiana Parenting time (sometimes called visitation) is the legal term for the time a non-custodial parent spends with their child. Nov 22, 2023 · The term “joint physical custody” might not require a perfectly equal 50-50 split of parenting time, Tavitas wrote, but the appellate court determined that granting Leonard 55. Defining Primary Custody The term “primary custody” is most accurately understood as “primary physical custody” and is used within the context of a joint custody arrangement. One parent may have primary physical custody, while the other parent may have partial physical custody or visitation rights. Feb 5, 2025 · Learn the legal options for obtaining custody of a child in Indiana, including guardianship, de facto custodian status, and overcoming the natural parent presumption. Jan 11, 2025 · Explore Indiana's child custody laws, focusing on parental rights, responsibilities, and the nuances of custody arrangements. The first is legal custody and the second is physical custody. If the primary custodian holds sole legal custody, they have exclusive authority to make these important decisions without the other parent’s consent. This parent is known as the custodial parent, while the other parent is known as the non-custodial parent. [Pre-1997 Recodification Citation: 31-1-11. In this guide, we’ll explore the key aspects of Indiana child custody laws, including how custody is defined, the processes involved in creating and modifying custody agreements, and the importance of parenting plans. They are often referred to as the sole custodian or sole physical custodian. ] Jan 25, 2023 · For parents going through a divorce or separation in Indiana, child custody and visitation rights can be a difficult and emotional process. Family Law and Juvenile Law Article 17. Legal custody primarily deals with life decisions that are made for a child but physical custody determines which parent the child will live with for the majority of his/her adolescent life. Children are the most important aspect of life for most parents, and it’s difficult to imagine not having them with us every night. Legal custody means you . As you prepare for a child custody hearing in Indiana, understanding the difference between physical and Discover different types of legal custody in Indiana family law. This article will explain what legal custody in Indiana is, the difference between joint and sole custody, and the factors courts consider regarding legal custody in Indiana. Key Takeaways: Custody arrangements are crucial in family law, impacting both parents and Mar 28, 2025 · In Indiana, legal custody gives parents the authority to make important decisions about their child’s education, healthcare, and religion. This involves a comprehensive evaluation of factors to meet the child’s physical, emotional, and psychological needs. Physical Custody The mother will have primary physical custody of the child. Courts prefer parents to agree on orders for legal and physical custody in a settlement agreement. Legal custody gives a parent the authority to make crucial decisions about their child’s life, such as those involving education and healthcare. Jun 16, 2025 · It is possible for a court to grant a parent sole physical custody while ordering joint legal custody, requiring both parents to cooperate on major decisions. Mar 3, 2025 · Types of Custody in Indiana Indiana law recognizes two primary types of custody: Legal Custody – The right to make major decisions about the child's upbringing, including education, healthcare, and religious affiliation. Jan 11, 2025 · Explore the nuances of Indiana’s joint legal custody laws, including decision-making authority and factors influencing custody arrangements. Family Law: Custody and Visitation Rights Chapter 2. As you may assume, sole custody means that an individual has total control over the child, whereas joint custody means custody of the child is shared between two individuals. Legal custody is about decision making. C. 15. com Jul 7, 2025 · If you have Indiana child custody questions, including legal and physical custody, factors affecting decisions, and parents' rights, our legal team is here to help. Joint custody refers to a custody arrangement where both parents share legal Aug 29, 2024 · Sole Custody vs Full Custody: What are the main differences? Sole custody means one parent has exclusive physical and legal custody of the child, while full custody can imply primary physical custody for one parent with visitation rights for the other. What is Joint Custody? There are two kinds of "joint custody", joint legal custody and joint physical custody. 1. Physical custody means the physical care and supervision of a child. Legal custody, on the other hand, determines who can make major decisions in the child’s life, such as religion, schooling, and medical care. Physical custody refers to where the child will live. There are two basic forms of custody in Indiana – legal custody and physical custody. The opposing attorney is offering 50/50 legal custody with the father Legal and Physical Custody Indiana law makes a distinction between “physical custody” and “legal custody. Physical custody refers to the parent the child will spend the most nights with. A custody hearing must then be requested by father, if he wishes to establish a custody and parenting order. Call (317) 759-3225 for help. In Indiana, child custody is divided into two distinct categories: physical custody and legal custody. Physical custody is governed by Indiana’s Feb 24, 2025 · Indiana’s child custody laws establish an extensive framework for determining both legal and physical custody arrangements. For help navigating child custody arrangements, get in touch with a local custody and visitation lawyer. Jul 17, 2024 · When facing a child custody hearing, many parents often confuse the distinction between physical and legal custody. Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, healthcare and religious upbringing. Specific Parenting Time Provisions A. 1 Thus, when a court awards physical custody, they are determining who should physically care for the child. The court can craft arrangements that combine these elements in different ways to serve the child's best interests. Mar 4, 2025 · 1. For information about custody, contact Hains Law, LLC today. Jan 11, 2023 · Learn about the different kinds of child custody, what physical and legal custody mean, and how sole or shared custody works. This article will review the top ten factors a court uses to determine if a parent is unfit for custody of a child. Learn more from Ciyou & Associates, P. Parties often misunderstand the difference between custody and parenting time. Legal custody refers to the responsibility for making major decisions concerning the child, such as those related to their health, education, and religious upbringing. This may be sole (one parent) or joint (both parents share responsibilities according to a court-approved custody or parenting plan). 1 (h) (4) unless and until a court orders otherwise. Physical custody involves the time that each parent spends with the child, while legal custody involves each parent's right to make decisions regarding the child. Although frequently used interchangeably, these terms they have distinct meanings that will significantly impact your involvement in your child's life after divorce. Jan 16, 2025 · Primary physical custody grants one parent responsibility for the child’s daily needs, providing legal rights that impact various aspects of the child’s life. Indiana law intentionally uses “parenting time” to underscore the active, ongoing role both parents play in their child’s life, regardless of who has primary physical custody. Get answers to your Indiana child custody questions from our experienced attorneys. Parents may share physical custody, and each spend an equal amount of time with the child, or one parent may be considered the child’s primary custodian and spend more time with the child, while the other parent, the non-custodial parent, exercises parenting time with the child. Jul 5, 2025 · Indiana family courts issue custody orders to ensure the safety, health and emotional well-being of children. In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent. The provisions identify parenting time for the non-custodial parent and assume that one parent has sole custody or primary physical custody of a child, that both parents are fit and proper, that both parents have adequately bonded with the child, and that both parents are willing to parent the child. Nov 29, 2023 · Learn how child custody and visitation works in Indiana, and factors judges consider when making decisions about custody and parenting time. Physical Custody – Determines where the child lives and which parent provides day-to-day care. Dec 12, 2024 · When determining child custody in Indiana, the courts focus on the best interests of the child above all else. The custody process in Indiana often involves mediation and court hearings to establish a parenting time schedule. Physical custody simply means the physical care and supervision of a child. How Does a Judge Decide Who Should Get Physical Legal Custody? There are two different types of custody under Indiana law: physical custody and legal custody. Sec. Indiana courts award sole legal custody, or parents agree that one of them is the child’s primary caretaker. Get expert answers on primary physical custody in Indiana, who is considered the primary parent, and detailed insights into Indiana Parenting Time Guidelines for 2018 and 2023. Factors that are considered in this determination include the child’s age and gender, the child’s relationship with each parent, the mental and physical health of the parents, any history of domestic violence or substance abuse, the Nov 22, 2024 · Parents can be awarded shared physical custody and/or legal custody. 5% was consistent with the intention of the parties to share “joint physical custody” of their daughter. Apr 15, 2024 · Indiana recognizes two types of custody: legal custody and physical custody. Dec 29, 2017 · Shared physical custody is different from sole custody with visitation. Indiana has two types of child custody: legal custody and physical custody. Legal custody, on the other hand, can sole or joint. Indiana law deems equal parenting time as 182 overnights with the children per year. In most cases in which minor children are involved, one parent will have primary (physical) custody, and the other will have parenting rights to see Child custody in Indiana encompasses two primary types: legal custody and physical custody. IC 31-17-2-15 Joint legal custody; matters considered in making award Sec. The following discusses how courts determine child custody in Indiana. This remains the case unless or until the father establishes paternity and/or petitions a court for an enforceable order regarding paternity, custody, and parenting time. Parents seeking custody must navigate specific requirements for joint arrangements, potential modifications, and special circumstances An award of joint legal custody under section 13 of this chapter does not require an equal division of physical custody of the child. This parent, often called the “custodial parent”, is the one responsible for the care and supervision of the child most of the time. Introduction B. The parent whom the children are with at the time has the responsibility for making day-to-day decisions for them. Overnight Parenting Time. Find expert guidance and insights on child custody matters. Actions for Child Custody and Modification of Child Custody Orders 31-17-2-8. Indiana law requires judges to consider several factors, including: To rebut this presumption of primary physical custody in one parent and more parenting time and attain more days than the Indiana Parenting Time Guidelines recommend or joint physical custody, this takes careful development of the evidence with your attorney. Joint legal custody works when parents have a good stream of communication and/or can prioritize the well-being of their child above any other issues. Physical custody refers to where the child (ren) are physically located. There are different kinds of custody. This article explores these rights, focusing on residential authority, medical decisions, education, relocation, court order enforcement, and potential modifications to custody terms. In Indiana, custody is divided into two distinct categories: physical custody and legal custody. Parents can share physical custody, which means the children spend equal time with each parent. The parent who does not get sole physical custody will be given Indiana Parenting Time Guideline time at a minimum. Feb 25, 2021 · What is physical custody? Physical custody refers to the physical location of a child. This guide covers the process from gathering information to correctly filing with the court. The words sole and joint are no longer used to define the physical custody rights of a parent. A parent may have primary physical custody while sharing joint legal custody with the other parent, or parents may share both legal and physical custody. How to Get Primary Physical Custody? There are two main types of child custody: legal and physical. In a shared custody situation, the child will typically spend equal time (or close to equal time) with each parent. In Indiana, both parents may share custody jointly, meaning that children are split equally between parents. 2024 Indiana Code Title 31. The paper is arranged by topics, and the case discussed are only published opinions of the Indiana Supreme and Appellate Courts. Legal Custody: Legal custody refers to the decision-making authority regarding the child's upbringing, including education, religion, healthcare, and non-emergency medical care. Our blog provides insights to help navigate custody complexities with confidence. 773-912-0241 Jan 11, 2025 · Explore Indiana’s sole custody laws, the legal process, court considerations, and how these impact parental rights and custody modifications. Holiday Parenting Time Schedule Section III. Physical custody means a child spends time with you. The parent with primary custody has a greater chance of keeping primary custody because the status quo often remains the same in child custody cases. Get advice on Indiana child custody laws with the Carmel child custody attorneys at Curlin & Clay Law. What types of custody are available? There are two types of custody in Indiana: legal and physical. Explore the evolution of Indiana family law as father's rights change in a shift towards shared physical custody. For more information on child custody in Indiana, contact an Indianapolis Family Law Attorney at IndyAdvocate. Legal custody is making decisions about a child’s religious upbringing, education, and health care. Call Vining Legal at (317) 759-3225 for expert legal guidance. The state’s courts prioritize the best interests of the child while considering multiple factors that influence custody decisions. Primary Physical Custody in Carmel Typically when Indiana parents divorce, one parent has primary physical custody of the children. Primary physical custody means that the children live with one parent more than 50% of the time. May 6, 2024 · Sometimes, the court assigns primary physical custody to one parent, where the child primarily resides with one parent. Physical custody is where the child lives most of the time. The orders also make sure children spend substantial time with each parent, when appropriate. Here are resources to help you understand the process of obtaining and protecting your right to legal custody and/or physical custody of minor children. Get insights on shared parenting and legal rights. The trial court is guided in its decision by the statutory For many divorcing parents, child custody is the most contentious and fought-over aspect of the divorce process. Look through our self-help forms, videos, and linked resources on Child Support in Indiana. Explore expert guidance on custody types, parenting time, and how to protect your child’s best interests. How is child custody determined in Indiana? In Indiana, child custody is determined based on what the court believes is in the best interests of the child. Physical custody, often called parenting time or timesharing, determines where the child lives. Infants and Toddlers D. This provides a summary of some of Indiana’s case law on custody modification between parents in selected dissolution and paternity cases. Jun 26, 2025 · In this article, we’ll walk you through the entire child custody process in Indiana—how the law works, what types of custody exist, how to file for custody, and what a judge considers before making decisions. From what I can tell that's most meant for absent parents, parents with history of substance use issues, etc. Joint legal custody means that the parents will share authority over and responsibility for major decisions concerning the child's upbringing, including education, health care, and religious training. According to the Supreme Court of Nevada, legal custody is defined as having the basic legal responsibility for a child and the For identification purposes, the following provisions set forth parenting time for the non-custodial parent and assume the other parent has sole custody or primary physical custody in a joint legal custody situation. Feb 2, 2025 · Confused about child custody in Indiana? Learn about joint custody, sole custody, parenting schedules, and legal custody in Indiana. The court shall Jul 31, 2025 · Learn how joint custody works in Indiana with Vantage Group Legal Services. Parenting Time for the Adolescent and Teenager F. Absent issues with domestic violence or substance abuse, most divorcing couples in Indiana will have joint legal custody, but physical custody or parenting time could range from minimum guidelines to equal parenting time. By understanding these laws, families can better navigate their options and work toward arrangements that support their children’s needs while fostering stability and Indiana also recognizes legal custody, which gives one or both parents the right to make important decisions about the child’s upbringing. If you want to change this arrangement, you will need to ask the court first. Oct 21, 2016 · There are different types of custody in Indiana. Physical custody refers to where the child is physically located. Sole Legal Custody- This means that while both parents are allowed to make day-to-day decisions about the child, the parent that has “Sole Legal Custody” is the parent that makes the major decisions about the child's upbringing, including educaion, health care, and religious training, after talking with the other parent. Call (317) 759-3225 for legal guidance. In this case, mother will have primary physical custody of the child (I. In some cases, parents do have joint physical custody, which means that the child spends equally the same amount of time with each parent Even if one parent has primary physical custody, both parents might still share legal custody. Minor children typically live with this parent on a full-time basis. In most cases, one parent has physical custody and the other parent has visitation or parenting time. Primary Physical Custody- The parent that has “Primary Physical Custody” is usually the parent the child will live with most of the time. Parenting Time - Child 3 Years of Age and Older E. The court shall also consider: (1) the fitness and suitability of each of the persons Mar 31, 2001 · F. Custody Order Feb 5, 2019 · In child custody matters, primary physical custody means that one parent retains custody of a minor child for the majority of the child’s time. Feb 2, 2025 · Learn everything about joint custody in Indiana, including legal and physical custody, court considerations, and how to file or modify a custody order. 5-21 (f) part. Aug 22, 2025 · Further, Indiana law allows the court to bring the child into court for an interview — involvement by the child that many child development experts find damaging to children. Indiana recognizes two primary forms of custody: Physical custody: Determines where the child lives and which parent handles daily care. To determine physical custody, and award a parent sole physical custody, a trial court hears evidence and makes a decision about which parent would be a better custodial parent. Physical custody pertains to the child’s living arrangements and who takes care of the child, providing for their daily needs. When parents can't agree, a judge decides in a custody hearing. Custody and visitation disputes, by their nature, tend to be extremely fact sensitive. Jun 17, 2025 · Learn the procedural steps for establishing child custody in Indiana. The parent with primary custody spends more time with the child and has the opportunity for a greater bond. Instead, Indiana uses the terms “primary custodian” or “custodial parent” to describe the parent with whom the child lives with most of the time, and “non Sole physical custody is the presumption under Indiana law. Custody and Parenting Time During a Public Health Emergency Section II. Indiana law encourages joint custody, where both parents are involved in the child’s upbringing and development Jan 11, 2024 · While a mother cannot relocate to Utah with her child, the trial court erred in awarding primary physical custody of the child to the father, the Court of Appeals of Indiana ruled Thursday, penning a rebuke of the trial judge’s commentary. Sep 8, 2018 · Child Custody law is a complex landscape that can leave any parent or guardian, mother or father with many questions and concerns throughout the process. The parent who is awarded primary physical custody is known as the “custodial parent,” while the parent who receives visitation rights (or, in some custody matters, takes no The next thing to know is that custody in Indiana can be awarded either solely or jointly, for either physical or legal custody. Jul 24, 2025 · If legal custody is joint, the primary custodian must consult with the other parent on major decisions, such as school enrollment or significant medical treatments. That parent will have the right to make the decisions concerning the children. Customer: Hello! If one parent has sole legal custody and primary physical custody over a child in Indiana (I think if the father's divorce attorney was paying attention, the sole legal custody shouldn't have happened. ldf x2voxnc ijdw zhnsyg f8b mrg oim pvb4h1z obgh 7djx