Indiana Law on Child Custody Hearings
Children suffer greatly in a divorce or separation of their parents. Understanding the path necessary to settle custody issues in the state of Indiana is the first step in making the transition for children easier as a parent.
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The Child
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Indiana family law operates on the premise that children are best cared for by both parents. Factors taken into account in child custody hearings concerning the child are age, sex, wishes of the parents, the interaction and relations with parents and siblings, the child's adjustment to school and community, the mental health of all involved, patterns of domestic violence by parents, and evidence that the child has been cared for by a de facto custodian. A de facto custodian is an adult other than the parents who has taken financial and physical care of the child for a period of time, usually six months.
The Parents
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Based on the premise that both parents need to have time interacting with the children, judges in Indiana will advise parents to document everything, such as duration of visits, number of phone calls a week, phone call durations, interference from the other parent and any negative responses from the other parent for the custody hearing. Indiana state law requires both parents to be able to interact with the child freely, but stipulations concerning particular time spent together may be added to the requests of the child custody hearing.
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The Home
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The primary residence of the child will be decided by the Indiana family court ruling. However, the Indiana court system looks favorably on children having two homes in which to live, so the non-custodial parent would be wise to maintain a bedroom for their child in their home.
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