Rule Of Right, Not Might
Schererville Child Custody Lawyers
Parenting Time Attorneys In Lake County, Indiana
We serve Northwest Indiana and the surrounding towns and counties
Divorce is never an easy process to experience – it is never an easy situation. Even when the individuals in question are divorcing uncontested and the decision was mutual, there are unexpected complications or unanticipated issues that could arise and give way to strong emotions and stress. This is, of course, only strengthened when the individuals in question are divorcing with children. Suddenly, the process becomes a lot more important and complicated than ever before. As a parent who is going through a divorce, you will likely be concerned about how much time you will be granted with your children, as well as any kind of child support that you might be required to pay.
Experienced family law and divorce attorneys can help ensure that you receive the custody that you want. That means that they can help you build your case when requesting a specific amount of parenting time, and they can even help you through the child support process. If you find yourself going through a divorce, it is always a good idea to hire an experienced attorney to help you get through the process as easily and painlessly as is possible. To that end, Funk & Wendlinger, LLC, can help you through the child support and custody processes and answer your questions. We understand how the courts work and how to best build your case to help ensure as favorable an end as possible.
If you have never experienced divorce, you might not understand exactly what a child custody agreement is. Essentially, this is a contract facilitated by the court system that determines when you and your ex-spouse will have parenting time with your child or children. Some common agreements, for example, see children spending the week at one parent’s house and the weekend at the home of the other. It is important to note that this agreement is legally binding, and that if you decide you want to change the amount of time you see your children, you will have to go through the courts to do so. Your custody agreement can also affect any child support orders that are put in place.
There are a wide variety of factors that must be taken into consideration when child custody is being determined. A child who reaches a certain age, for example, might be asked by the courts where they would like to live. While the entire custody decree will not likely rest upon their word alone (although older children tend to have much more influence here), it might have a large effect on the court’s decision. Additionally, a parent’s location to school, their ability to attend their children’s functions and take care of them, and even the safety of the neighborhood and home in question can play a role. Some courts will order a home inspection before they determine a custody agreement while other divorces might move through this step a little bit more smoothly.
There are a variety of different kinds of custody arrangements. Sometimes, especially when parents live far away from each other, children might spend the school year with one parent and then the summer with another. Others might live with one parent for a few weeks, and then another parent for a few weeks. The custody agreement that is crafted in your case will likely depend heavily upon the specifics of your situation.
At Funk & Wendlinger, LLC, we think it’s a good idea to hire a professional to help out when it comes to custody cases. This is especially true when the situation is complicated or if the other spouse hires an attorney. You deserve to have parenting time with your children, so do not put that at risk by neglecting to hire an experienced family attorney who understands how custody agreements are made. Remember that, in this instance, if the case does not go in your favor, you will face the possibility of not seeing your children very often at all. We think the risks necessitate the need for a knowledgeable attorney, in other words, and we’re proud to offer expert services to our clients.
Child Custody FAQ's
Child custody is a challenging area of divorce because you are trying to do what is best for your children, while still placing yourself in a manageable position. There are many questions that need to be answered about child custody, and here at Funk & Wendlinger, LLC, our family law lawyers want to help answer a few of them.
How Does A Court Determine Child Custody?
Courts strongly encourage parents to come to their own agreement regarding child custody and parenting time. If they cannot agree, however, there are many factors that the court considers when it comes to custody. Here in Indiana, the courts will question and investigate every aspect of each of your lives. The feelings of your children will also become a factor in the court’s decision. The court will even look into the consequences of who gets primary custody, such as the physical and emotional cost of moving to a new home and school. Even the wishes of possible stepparents can come into play, though they are not a deciding factor.
Which Parent Will Get Custody?
Courts encourage the involvement of both parents whenever possible, though children often spend more time at one home than another. The court grants primary custody over the children on a case-by-case basis. There is not any kind of automatic procedure to give custody to the mother or the father. The court will review the parenting potential of each parent, in terms of living situation, earning potential and even a possible psychological evaluation, to make their informed decision.
What Are The Different Types Of Custody?
There are two primary forms of child custody: legal custody and physical custody. Legal custody is the right to make important decisions about the child’s life. Physical custody is how much parenting time each parent spends with the child. Parents may have either joint or sole custody for either type of custody.
How Can You Modify Custody?
If you already have a custody agreement in place, it is possible to modify the agreement. You will need to prove that there is a valid reason for the modification, as well as complete necessary paperwork. An experienced attorney can help you review your case, determine if there is a valid reason to modify your agreement, and help you gather any necessary evidence for your modification.
When you are going through a divorce and need help with your child custody hearing, contact Funk & Wendlinger, LLC, as soon as possible for help. We can help you build the best case possible for your custody needs. Call us today and speak with one of our attorneys so that we can determine the best way to move forward with your divorce and child custody case.