Rule Of Right, Not Might
Child Custody FAQ
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.
Contact Us With Your Child Custody Questions Today
Child custody is a complicated process and becomes especially stressful when you are worried about the well-being of your children. We can help you fight for the best possible outcome in your case, and make sure that your children are getting the care they need and deserve. If you are ready to begin working with a compassionate and driven lawyer, contact us today. Call our Schererville office at 219-865-0002 or fill out our online form to schedule your initial consultation.
Help For Legal Issues Affecting You And Your Family
Calling an attorney is not always easy. Many people who call an attorney for help are calling because something has gone wrong in their life and they need legal guidance. At Funk & Wendlinger, LLC, we understand that you are facing a difficult challenge, and we are here to help. We practice several areas of law that affect regular people and their families. Our major focus is on criminal defense and family law, but we also help people with estate planning issues, real estate and personal injury.
Criminal Cases Have Much At Stake
Perhaps no other area of law has higher stakes than criminal cases. Our goal is to make sure that you are treated fairly by the judicial system and to reach the best possible outcome for you. Funk & Wendlinger’s criminal law practice concentrates on the following areas:
- CDL & trucking violations
- Driver’s license suspension
- Drug offenses
- DUI/OWI and other traffic offenses
- Expungement/record clearing
- Juvenile crimes
Family Law Is About Protecting What Is Most Important
We also dedicate a large area of our practice to family law matters. These issues go beyond divorce, but all of them mean a major change for your family’s future. We can help you with:
- Child custody/parenting time
- Child support and enforcement
- Divorce & legal separation
- Domestic violence
- Pre- & postnuptial agreements
- Property division and alimony/spousal maintenance
Meeting Your Family’s Legal Needs
Funk & Wendlinger strives to meet all of your family’s legal needs. Although we spend the majority of our caseload on the above practice areas, we do handle other matters. We can help you and your family if you are dealing with a personal injury matter, need assistance creating an estate plan or need advice regarding a real estate issue.