Custody and Visitation
Even though your marriage or relationship is dissolving, your role as a parent will continue. Your ability to sustain co-parenting after divorce and have a positive impact on your children is highly dependent on your ability to problem solve and communicate together on issues related to your children’s welfare.
The judge does not know you or your children. If you want them to appreciate your side of the case, you are going to have to provide details about you and your family. You must be able to back up that information with as much independent proof as possible. Your thoughts, feelings, beliefs and opinions are all valid. However, the court must base its decision on genuine evidence.
Types of custody
The most common custody arrangement selected by the court is with both parents having legal custody and one parent having primary physical custody. Joint legal custody means the parents work together and consult with each other when it comes to major decision making for the children (i.e, religion, health care, education, etc.). Meanwhile, the children live with the parent having primary physical custody (custodial parent) and visit with the other parent (non-custodial parent). The courts prefer this arrangement if possible. Sometimes the court will award one parent sole legal custody meaning that the non-custodial parent is not involved in major decision making.
Visitation
The courts will usually grant the non-custodial parent visitation in accordance with the Indiana Parenting Time Guidelines. Click here for the Indiana Parenting Time Guidelines. Under the guidelines the non-custodial parent has the children least every other weekend from 6 P.M. Friday to 6 P.M. Sunday, with a rotation of traditionally celebrated holidays (Christmas, Hanukkah, New Years, Thanksgiving, birthdays, etc.), all or a portion of the children's spring breaks and a prolonged uninterrupted visitation period in the summer. In addition, weekly Wednesday evening visitations are frequently awarded to non-custodial parents.
The guidelines are the minimum meaning that the court may grant more visitation if appropriate. The courts also encourage the parents to reach a visitation arrangement through which both parents share the children. Time sharing can be varied as the families that use it. There is no “right” parenting schedule that fits all families or all age groups.
Restricted or supervised visitation
Occasionally the court may restrict (supervise) or suspend the non-custodial parent’s visitation where the presence of the non-custodial parent in a child’s life places that child in clear and present risk of truly serious injury (sexual or physical abuse of a child, drug abuse, etc.). Again, it is very rare that the court goes to this extreme.
If you have are need an experienced attorney to represent you in a child custody matter, contact the Family Law Attorneys at Waters, Tyler, Scott, Hofmann & Doane -- (812) 949-1114. Weekend and evening appointments available; major credit cards accepted.
