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.