What is Child Custody in Divorce?

If you are married with children and unfortunately you have separated and going through a divorce, you may be wondering what is child custody in divorce. And furthermore, you may want to understand how to regain custody of your child in divorce. In the Indiana family court system, child custody arrangements are set by the state family court system. If you and your former partner have decided to get a divorce in Indiana, you will need an Indiana divorce attorney. Fortunately, at Indiana Family Attorney Network, you will be able to find one of the top Indiana divorce attorneys to help you to navigate the family court child support process. But before you look for an attorney, more than likely you will need to know and understand the most information possible about child custody. Here’s a closer look.

What is Child Custody?

In family law, no child custody in divorce situation is the same. Child custody in divorce comes in several different types. Full custody is when one parent is granted custodial rights. Depending on the history of the couple and the overall demonstrated responsibility of both parents. While the non-custodial parent may be allowed visitation, in high-risk cases, any type of visitation could require supervision of some type from an authorized third party, such as a social worker or a family member of the parent with full custody.

There are other common situations, joint custody is when the parents split responsibilities and scheduling. The various parental responsibilities may be divided evenly.  Or in some situations, one of the parents may have a more limited role, normally with custody only on weekends.

In divorce, there is another, and rarer instance where there are multiple children, a lesser form of child custody in divorce is called split custody. Split custody is when siblings go with one parent and the rest go with another. Or in even rarer situations, where no parent is fit for custodial rights, they may be granted to another party, such as an aunt, uncle, or grandparent.

What Determines Child Custody Decisions in Divorce?

In divorce, there are a number of factors that determines the child custody decision made by the court in divorce.

Child’s Preference

In divorce or in legal separation, the child’s preference is considered as long as the child(ren) are old enough to understand what the judge is asking and are basing their responses on rational thinking.

Initially, the court will take into account the type of relationship the child has with each parent. The judge will interview the child to gain understanding of the dynamics that the child has with each individual parent. A qualified social worker might also be given with speaking to the child and presenting their findings  regarding child custody decisions to the court.

Parental Work Obligations

How much time each parent devotes to their job can also influence who receives physical custody. When the court is aware of how much time a parent spends in the office or traveling for work will give the court an indication on how much time each parent is able to spend in providing their child’s daily needs.

Parental Health

It is no secret that. Raising children takes both mental and physical stamina. The courts will take each parent’s physical health into consideration when deciding custody matters.

While reviewing each party’s medical history, the judge will look for physical disabilities or mental health conditions that could negatively affect the ability to be a full-time parent. A parent with a disability might be granted visitation rights or partial custody instead of sole physical custody.

Who Decides Custody of the Children in Divorce?

In most instances and in an amicable separation, the divorcing couple can make a request to the court of the custody arrangements after they have been agreed upon through some type of family mediation. If the arrangement appears fair to both parties, the court normally will approve of the divorcing couple’s request. However, the judge does reserve the right to make modifications or may suggest an entirely new child custody plan at any time. For this reason, it is important that each party has best child custody attorney to ensure their parental rights are protected during any court proceeding.

How to Regain Custody in Divorce

Fortunately, the parent without child custody in the divorce is usually given the chance to improve their situation, whether that’s through counseling, medical care or a change in their financial situation, in order to prove they are responsible enough to care for their child. Take the time to look into the details of where the child custody issues went wrong. After that, make certain to take any needed contingency actions that the court may foresee. Even going to jail. A criminal record will affect child custody in divorce. Things such as who would be there if you are unable to pick the child up in an emergency. what would happen if you were called in for an extra shift at work.  And finally, you will need to follow any orders or requests made by the court in individual situation. Be patient, if you continue to take the proper steps, child custody should be in your future.

Child Custody in Divorce Means Everything

If you are in a divorce, and you have a child, custody in divorce means everything. If you are in need of an Indiana divorce lawyer to help out with your child custody in divorce, take a look at some of the attorneys available in out attorney network, give us a call at the Indiana Family Attorney Network.