What Types of Child Custody Are Available in Indiana?

There are two types of child custody for parents in Indiana.

  • Physical custody. This is what most people are aware of in terms of child custody and refers to which parent the child lives with.
  • Legal custody. This is separate from physical custody and involves the critical decisions that must be made while raising a child, including education, medical care, religious matters (if applicable), extracurriculars, and summer camps, among others.

Each of these types of custody has two options in Indiana.

  • Joint custody. For physical custody, each parent has the child for set periods (for example, one parent has the child on weeknights, the other on weekends). For legal custody, it means the parents have an equal say in the significant decisions that must be made.
  • Sole custody. For physical custody, this means the child lives with only one parent. For legal custody, it means one parent has full authority in all the critical decisions.

Note that if one parent has sole custody, the other parent may be awarded visitation (sometimes called parenting time), allowing them to spend time with the child even though the child doesn’t live with them. This may be for any number of reasons, including one parent having to travel extensively for work. Hence, they’re not able to care for the child to a parent who has a risky history (addiction, neglect) but may be given limited, supervised visitation with the child.

How Does the Court Determine Fair Visitation?

First and foremost, Indiana family courts prioritize what’s in the child’s best interests. There are several factors that they’ll review, but with each factor, they’re trying to determine how that factor plays into what’s best for the child. That means that the parent’s wishes will be taken into account, but they won’t necessarily be the deciding factor.

These are just some of the aspects the court considers when determining visitation.

  • The age and gender of the child
  • The relationship the child has with each parent
  • The wishes of the child (but this has less effect if the child is under 14)
  • Whether either parent has a history of mental health issues, addiction, or has been proven guilty of domestic or family neglect or violence
  • The physical health of each person involved (both parents and child)
  • The child’s mental health

How Can Child Visitation Be Enforced in Indiana?

A parent with court-awarded visitation time may find themselves unable to access the child if the custodial parent refuses to honor the court order. Excuses such as the child not wanting to (without a good reason), having other things to do, having a minor illness, or having poor weather are not among them. It’s important to note that even if the noncustodial parent has fallen behind on child support payments, they still have a legal right to visitation and can file a petition with the court against the custodial parent.

Suppose the custodial parent has reason to believe that the child is being harmed during visitation, whether physically or emotionally. In that case, they must return to court to have the visitation reviewed and possibly adjusted or rescinded. If there’s a situation in which the custodial parent feels the child is in severe and immediate danger, they may want to contact the police for assistance while waiting for the court hearing. If you’re unsure of the best legal approach, contact an experienced child custody and visitation attorney as soon as possible.

When a custodial parent has no viable reason to withhold visitation, the noncustodial parent can file a motion for contempt of court. The judge will review the motion and either send the parents to mediation to try and resolve it on their own or the judge will hold a hearing to collect both parents’ testimony. Suppose the judge finds the custodial parent guilty of violating the court visitation order. In that case, the parent may be convicted of civil contempt and may end up in jail until they agree to follow the order. Particularly egregious cases may end up in criminal contempt, which could result in jail time as a punitive measure, but this is rare.

What if My Child Doesn’t Want to Spend Time with the Noncustodial Parent?

This is a delicate situation and would likely benefit from professional legal advice. As discussed above, if the custodial parent suspects the child is in danger, they should contact an attorney who can guide them so they don’t put their custodial rights in danger, too.

However, if the child isn’t being harmed (physically or emotionally) or in danger but is expressing a personal preference not to see the other parent, the custodial parent must still abide by the court-ordered visitation. Unfortunately, children, especially younger ones, may have some reasons that seem vital to them but won’t sway the court, such as thinking the noncustodial parent is stricter or missing the custodial parent’s pet. If the custodial parent doesn’t honor the order, they may find themselves subjected to court action.

What Should I Do if I Need Help with Child Custody and Visitation?

Call Beeman Heifner Benge P.A. at 765-684-4355 to schedule a free family law consultation. Divorce is one of life’s most stressful situations, and when there are children involved, it can be even more fraught. Our team of experienced, knowledgeable child custody and visitation attorneys can review the specifics of your case and help you understand what might be possible.