When parents first deal with custody arrangements, it can be an emotionally fraught time. Parents unfamiliar with the legal process can also find it confusing and intimidating. When dealing with an initial custody determination in Indiana, it is helpful to understand the basics of the process, so you know what to expect. Here are the four things to know about an initial custody determination in Indiana:

Physical and Legal

It is important to know that custody in Indiana, like most states, is divided into physical and legal. For those unfamiliar with the law, it can be confusing to hear two different types of custody being talked about in court.

Physical custody is the care and supervision of the child while legal custody is about who can make legal decisions for the child, such as medical, educational, or religion. In some cases, parents may be awarded joint physical and legal custody. In other cases, the judge may award physical custody to both parents, but legal custody to the primary custodial parent.

Understanding the distinction between physical and legal custody is crucial because it affects how parenting responsibilities are divided. Physical custody determines where the child lives and who provides daily care, while legal custody involves the authority to make significant decisions impacting the child’s welfare. Courts often encourage parents to share legal custody to ensure both have a say in important matters, even if physical custody is primarily with one parent.

Sole or Joint?

The second most important thing to know about custody is the matter of whether the judge awards sole or joint custody. Sole custody means one parent is granted physical and legal custody of the child. Joint means both parents are granted some combination of physical and legal custody.

A parent may be granted joint custody with physical custody but not legal custody, depending on the case, stability of each parent, and needs of the child. The judge is tasked with determining the best interests of the child above all else.

Joint custody arrangements require cooperation and communication between parents. They can be beneficial for maintaining strong relationships with both parents, but they also demand a willingness to work together on parenting decisions. Sole physical and legal custody may be awarded when one parent is deemed unfit or unable to meet the child’s needs, ensuring the child’s safety and stability.

No Presumption for Either Parent

When making an initial child custody determination, there is no presumption for either parent. What this means is that both parents start out on equal footing in the eyes of the court. Many parents worry that the courts will side with the mother as the presumption, but fathers should know that this is simply not the case in Indiana and most other states.

Both parents are typically granted equal rights from the start and then case moves forward with presenting information to the judge to make a determination that is more permanent.

The court’s focus is always on the best interests of the child, rather than favoring one parent over the other based on gender or other biases. Evidence such as each parent’s ability to provide a stable home, maintain the child’s routine, and support their emotional and physical needs is carefully evaluated.

Burden Shifts to the Parent Asking for Modification

While there is no presumption for either parent in an initial child custody determination, it works differently when it is a modification compared to an initial court order.

The parent asking for the modification is burdened with proving that there has been a substantial change in circumstances (financial loss, stability issues, etc.) since the court order. They are tasked with proving that it is in the best interest of the child to modify the custody order.

This means that simply wanting a change in custody arrangements is not enough. The requesting parent must provide clear and convincing evidence that the circumstances affecting the child’s welfare have changed significantly since the original custody determination. Examples of such changes could include a parent’s relocation, changes in the child’s needs, or issues related to the child’s care and safety.

The court will carefully evaluate the evidence presented to determine whether modifying the custody order will better serve the child’s best interests. This process ensures stability and continuity for the child, preventing frequent or unnecessary changes to custody arrangements. It also encourages parents to work cooperatively unless a genuine and substantial reason exists to alter the custody order.

Understanding this burden is important for parents considering a modification, as it underscores the seriousness of the decision and the focus on the child’s well-being above all else.

A child custody case is emotional for both parents and the child at the center of it. Aside from knowing what to expect, talking to an experienced child custody lawyer may help put your mind at ease about the process. They will be able to answer questions while representing your legal parental rights in court. Contact an experienced family law attorney as soon as possible.