Carmel, IN Child Custody Attorneys

Serving the Indianapolis Area: Guiding You Through Child Custody, Support & Visitation

Going through a divorce when the two of you share a child or children together is much more complicated than most other forms of divorce. Not only do you and your ex-spouse need to think about what benefits you two the most, but you have to now think about what is right for your children.

Instead of facing this troubling time alone, or trying to force yourself to work with an ex you might want nothing to do with, allow our child custody lawyers in Carmel and Indianapolis from Roberts Means Roncevic Kapela to come to your assistance. In addition to creating custody, support, and visitation orders, we can also assist with modifying custody and modifying support orders. Established in 2004 and comprised of an eclectic team of diverse minds, our Carmel child custody lawyers believe we should be your first choice for legal counsel.

On This Page:

• Understanding Legal and Physical Custody in Indiana
• Types of Child Custody in Indiana
  • Legal Custody
  • Physical Custody
• Custody & Child Support Agreements
• Best Interests and Parenting Time Guidelines
• What Are My Options for Enforcing Child Support?
• Protecting Your Child's Best Interests
• Our Experienced Carmel Child Custody Attorneys Can Help

Indiana State legislation recognizes two distinct forms of custody over a child: physical and legal, as well as full and partial. Both are critical for your divorce proceedings and will heavily influence all of your lives going forward. Be sure you fully understand your child custody agreement and how it pertains to all forms of custody before you sign anything. Speak to your experienced family law attorney in Indianapolis or Carmel if you are uncertain. Our Carmel child custody attorneys will be happy to help.

Consider the following four definitions of custody:

1. Physical: Determines where your child will live, go to school, and generally spend their time.
2. Legal: Determines how significant life decisions, like upbringing and medical care, are chosen and handled.
3. Full: You get final say in most decisions relative to your child, regardless of how the other parent feels, and your child lives with you and only you. The other parent must request visitation to see their child.
4. Shared:Your child will live with you and the other parents, determined by a parenting time schedule. Major life decisions will require input from the two of you, unless an emergency dictates otherwise.

Example: If you have shared physical custody but full legal custody of your child, your child may live with you during the weekdays but with your ex-spouse during the weekend. Despite this split time table, you will be the only one permitted to make difficult choices about their life and upbringing.

Child custody splits into two different categories, legal custody, and physical custody. Legal custody grants the custodian the right to make decisions for a child’s life; physical custody grants the custodian overnight care privileges for a child. Let’s examine each type of custody separately.

Legal custody lets a custodian make life choices for his or her child.

Legal custody lets a custodian decide the following:

• If and when the child receives medical treatment (outside of emergency situations);
• Where the child will go to school; and
• What religion (if any) the child is affiliated with.

One parent can have sole legal custody of a child, where he or she makes all legal decisions; or both parents can split legal custody and work together to make legal decisions. However, physical custody is something different entirely.

Physical custody lets a custodian have overnight care privileges of a child. Essentially, physical custody is equated to a child living with the custodian.

One parent can have sole physical custody, which means the child lives with the custodian, and the other parent only visits the child; or the parents can split physical custody, where the child lives with both parents.

A custodian cannot have legal custody of a child if he or she does not have physical custody, but a custodian can have physical custody of a child without having legal custody.

Although child support and child custody agreements are less complicated than property division processes, they are understandably more emotional. However, a judge’s job is to attempt to fairly divide the custody and child-rearing responsibilities between both parents.

Here are some of the factors that may impact child custody and child support agreements:

• Age and sex of the child;
• Interaction between the child and siblings;
• Child’s current comfort level in school;
• Health of the child and each parent;
• Child’s current home life situation;
• Criminal history of each parent; and
• Income stability of each parent.

Essentially, a judge will evaluate all the above and more through the lens of the Indiana Parenting Time Guidelines (IPTG). Using the general guidelines as a basis, a judge will determine the child support and child custody scenario that primarily fits the needs of the child while also considering the needs of the parents.