Whether you’re getting ready to make an appointment with an Indiana child custody lawyer or are simply trying to understand the complex legal environment surrounding this particular area of the law, it’s helpful to know what Indiana parenting time guidelines are. All states share a number of considerations for courts to take into account when making decisions about child support and visitation, or other relevant issues. However, the most common concern for many parents is how their decisions will affect the custodial parent or non-custodial parent of their child. The court also has an interest in helping establish the stability and continuity of a home environment, which may influence the type of custody arrangements that are decided upon.
In deciding on the best approach to visitation guidelines, the court may consider the ages of both parents and the needs of each parent. Each of the parents must be presumed fit to care for a child. If either parent is known to have a substance abuse problem or is mentally unstable, the court may impose stricter visitation guidelines in order to protect the welfare of the child. The judge may also consider any history of abuse or neglect that either parent may have had in the past.
A judge is not required to give his opinion regarding the child’s well being or the reason for the termination of parental rights. However, most of the cases in which the termination of parental rights is ordered to come to the courtroom. For example, a mother who was not able to maintain a relationship with her own children because of a divorce may pursue custody of them after the divorce is finalized. The state of Indiana has a separate law for protecting the legal rights of divorced fathers. While most of these laws are in effect only during the time frame of a child’s life, some of them are in place now and have potential legal consequences even later in life.
Indiana state law does not recognize same-sex relationships as valid relationships for adoption. However, gay couples can seek approval from the courts for adoption if they meet certain requirements. Similarly, lesbian couples are not guaranteed the same visitation rights with their children as heterosexual couples. Some of the Indiana guidelines may conflict with federal laws that have differing definitions of family. As a result, it is advised that the parents discuss this important topic with an experienced attorney.
In light of the possibility of a gay couple adopting a child, the state of Indiana requires prospective parents to complete an Affirmative Action for Sexual Orientation to qualify for child visitation. However, this requirement may be difficult to prove in court. The affirming action must include an explanation by the individual to demonstrate that he or she would file the application if the opportunity arose. Additionally, it is important to note that the action is not evidence of a person’s sexual orientation. The applicant simply has to affirm that they would like to pursue child visitation.
Another guideline for Indiana parenting time is that the judge may order joint physical custody. A child custody case involving two parents can be resolved between the two parties if both parents can demonstrate a genuine desire to care for and protect the child. If one parent is less interested in the child’s welfare than the other, then joint physical custody will likely be awarded. This is a relatively new rule in Indiana and is not always a settled matter. Just like a court decision involving two adults, sometimes the results are unpredictable.
If parents cannot agree on which parent should have primary custody, the court will make an unbiased decision and give both parents a chance to be involved in the decision making process. In some cases, the parent who does have primary custody can choose a mediator to help the parents come to an agreement. Mediation is usually a favorable option because it gives all involved the opportunity to communicate their needs and concerns. If parents cannot agree, the court will make the decision. There is no guarantee that the court will make the right choice. The best thing for any family to do in these circumstances is to seek professional legal assistance.
It is up to each family to decide how they want to proceed with their case. One of the best things that you can do if you or your spouse is struggling with Indiana child custody issues is to consult an attorney who is familiar with the laws in the state. If you are trying to prove that you are a better person than your spouse, then you need to present a strong case. If you do not have a solid history of domestic violence or violent behavior, then you may be able to petition for joint physical custody.
