DADI Blog

Indiana Child Custody

Posted by admin on April 27th, 2006

Indiana child custody laws are guidelines are set to follow so the court will be able to determine what is in the best interest of the children involved in any child custody case. The court does consider all information that may help them decide what is better for the children in all kinds of situations and under any circumstances that may not be listed in their guidelines.

The child custody guidelines for Indiana include:

* The sex and age of the children.

* The desires of the children’s parents.

* The desires of the children especially if the children are at least 14 years of age. If under the age of 14 the court will listen but because of their age it will not weigh as heavy. The court in Indiana will listen to the older children because they are more mature and are less likely to lie in court.

* The relationship of the parents with the children including how they interact with one another and their siblings or others that are residing in the home.

* How well adjusted the child is to his community, school and home environment.

* The physical and mental health of both parents and the children.

* Whether there is a pattern of domestic or family violence by either parent.

* If there is any evidence that the children have been in the care of a de facto custodian.

This information can be found in the Indiana Code 31-17-2-8.

Almost every state in the United States agrees that joint custody is in the best interest of the minor children when it is possible. Indiana also has guidelines for joint legal custody and there are as follows:

* Whether each parent is a suitable parent and fit to be responsible for caring for their children.

* If both parents can cooperate and communicate with one another concerning the well being of their children.

* If the children desire both parents to have custody especially when the child has reached the age of 14.

* If the child has a close and beneficial relationship with both parents.

* How close the parents live to one another and if plan on living where they are now living.

* The physical and mental health of both parents.

No matter what type of child custody that is determined to be in the best interest of the children the court can change the custody if anything changes that can be detrimental to the well being of the children.

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