Historically, the most difficult question in all of Family Law is: Who will get custody of the children? Obviously, this is an emotionally charged issue that often causes heated conflict and in some instances litigation. A court will look at both parent’s living situations along with a host of statutory factors to determine custody based on the best interest of the child. The parents may also mutually agree to one parent being named the custodial parent, while the other parent will enjoy parenting time. In some instances, a shared custody situation may be agreed upon by the parties or ordered by the court if the court believes that this particular custody arrangement is in the best interest of the child.
In Indiana, it is important to note that there are two distinct types of custody. Residential or physical custody defines which parent the child will reside with the majority of the time. Legal custody speaks to the decision-making power of the parent to make determinations traditionally made by parents on behalf of their children such as education, religious, healthcare and other important matters pertaining to your child. Sole legal custody allows for one parent to make these decisions. Joint legal custody encourages cooperation on the part of the parents and affords both parents the opportunity to have input in choices that will help shape their child’s development.
The attorneys of Howes & Howes encourage the parties to think of the best interest of their child when making this decision because this is the legal standard the judge will use. If your child will be better off in your custody and care, then you are encouraged to seek custody and Howes and Howes Attorneys will honestly assess your chances and aggressively advocate on your behalf in this matter.
Howes & Howes, LLP will diligently and aggressively represents the rights of both mothers and fathers, so contact the firm today at 219-326-7070, email or at the contact form provided on this site for a free attorney consultation.