Child Custody, Support, and Visitation or Parenting Time
Indianapolis Divorce Attorneys Addressing All of Your Questions and Concerns
Going through a
divorce when the two of you share a child or children together is much more complicated
than most other forms of divorce. Not only do you and your ex-spouse need
to think about what benefits you two the most, but you have to now think
about what is right for your children. Instead of facing this troubling
time alone, or trying to force yourself to work with an ex you might want
nothing to do with, allow our Indianapolis family law lawyers from Hollingsworth
& Zivitz to come to your assistance. Established in 2004 and comprised
of an eclectic team of diverse minds, we believe we should be your first
choice for legal counsel.
Dial 888.211.3888 to
set up a consultation with us today.
Legal and Physical Custody, Full and Partial
Indiana State legislation recognizes two distinct forms of custody over
a child: physical and legal. Both are critical for your divorce proceedings
and will heavily influence all of your lives going forward. Be sure you
fully understand your child custody agreement and how it pertains to all
forms of custody before you sign anything. Speak to your attorney if you
Consider the following four definitions of custody:
Physical: Determines where your child will live, go to school, and generally spend
Legal: Determines how significant life decisions, like upbringing and medical
care, are chosen and handled.
Full: You get final say in most decisions relative to your child, regardless
of how the other parent feels, and your child lives with you and only
you. The other parent must request visitation to see their child.
Shared: Your child will live with you and the other parents, determined by a parenting
time schedule. Major life decisions will require input from the two of
you, unless an emergency dictates otherwise.
Example: If you have shared physical custody but full legal custody of
your child, your child may live with you during the weekdays but with
your ex-spouse during the weekend. Despite this split time table, you
will be the only one permitted to make difficult choices about their life
Best Interests and Parenting Time Guidelines
The divorce courts in Indiana State are instructed to come to conclusions
that are in the “best interests” of your children, not necessarily
of you and your spouse. This means that their needs will be put first
and foremost. It does not mean that you cannot persuasively argue as to
why you deserve full custody, or whatever your aim may be.
A court will have to consider the following when determining your child’s
- Age and sex of the child
- Interaction with siblings
- Child’s comfort in current school
- Health of child and parents
- Criminal history of each parent
- Income stability of each parent
The Indiana Parenting Time Guidelines (IPTG) will also be weighed when the court comes to a decision. These legal
guidelines are seen as a last resort option when parents cannot agree
to an amicable solution, or if they cannot convince the judge using their
own arguments. Additionally, the guidelines are only suggestions and a
judge’s discretion can become a factor in your case.
Child Support Order Enforcement
As part of your divorce agreement, you and your spouse should each decide
who will receive child support, if anyone at all. In most cases, the parent
who houses the child most frequently will win a varying degree of child
support payments each month from the other, regardless of incomes. Trouble
can quickly form if the parent ordered to pay child support refuses to
do so, or inadvertently falls behind on payments.
If your ex-spouse is not paying child support, you may be able to use the
following legal options:
Wage garnishment: Sometimes called wage assignment, this is when the state extracts money
straight from your ex’s paychecks and deposits it into your own
Writ of execution: Not as violent as it sounds, a writ of execution is a judge’s order
that seizes bank accounts, stocks, real estate, and more until child support
payments are made.
Civil contempt: You can file a contempt of court action if all else fails, which can create
an arrest warrant in the name of your ex-spouse.
Call 888.211.3888 for Compassionate Legal Counsel Today
A cursory glance at the proceedings behind child custody, visitation, and
child support reveals the underlying complexities and potential frustrations.
Prepare your case with confidence by allowing our Indianapolis child custody
lawyers handle it for you. We are well-versed with legalese, the law,
and litigation, capable of standing up for your rights in court or in
the conference room.
Contact us today and we will get back to you as soon as possible.