Article 17 of Title 31 in the Indiana Code contains the laws and guidelines about child custody. Here are some important points from these statutes that parents involved in a custody situation should know.
Factors that affect the child’s best interest. In Chapter 2-8 of Article 17, the state has provided parents with a list of factors that the court considers when determining the best interest of the child. All court decisions are made according to this standard, and parents should make sure that they are following it. These factors include: the age and sex of the child; the wishes of the parents; the interaction between the child and the parents, the siblings, and other influential people in the child’s life; the adjustment to home, school, and community; the mental and physical health of everyone involved; if there has been any evidence of domestic violence; and if the child has been cared for by a de facto guardian. All of these factors should also be considered as parents make an Indiana parenting plan. This can help them make the best one for the child.
The state of Indiana allows parents to have joint legal custody. This does not mean that an Indiana custody schedule must give equal time to both parents. It means that the parents share the responsibility to make important decisions concerning the child. The court has no over preference for joint or sole custody and the decision is based on what the child needs.
Parents can work together to submit an Indiana custody agreement to the court. If they are not willing to cooperate, the court makes all the decisions about the custody arrangements. Once the court has decided on an Indiana visitation schedule, the parents must follow it. Any changes to the schedule must go through the court and the parent must show that the change is in the best interest of the child.