PHYSICAL CUSTODY

Physical custody refers to where the child spends more of their time. If a parent is looking to modify physical custody, they will need to prove that it is in the best interests of the child to change custody and that there has been a substantial change in one or more of these factors:

• The age and sex of the child.

• The wishes of the child's parent or parents.

• The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.

• The interaction and interrelationship of the child with the child's parents, siblings and other people who affect the child's best interests.

• The child's adjustment to the child's home, school, and community.

• The mental and physical health of all individuals involved.

• Evidence of a pattern of domestic or family violence by either parent.

• Evidence that the child has been cared for by someone other than a parent for at least six months to a year, depending on the child's age.

Courts take these matters seriously. An example of a change in one of the above factors would include a child having problems in school, allegations of abuse or drug use in a household, or a child getting older and expressing a desire to spend more time with each parent.

PARENTING TIME GUIDELINES

Each family is unique and there is not a single custody and visitation solution that works for everyone.  This is why it is desirable to work to try to settle family law cases outside of court, but in the event the parties cannot agree, Indiana has adopted a standard known as the Indiana Parenting Time Guidelines that many courts use.  These guidelines represent the minimum time a parent should have to maintain frequent, meaningful, and continuing contact with a child.

I recommend that all of my clients obtain some familiarity with the guidelines as the court will likely use them to some degrees in your case, for instance most divorce decrees or paternity orders refer to the sections pertaining to communication between parents and how holidays and school breaks should be split equally.

Outside of the guidelines, there are several other common custody arrangements for splitting up parenting time.  Three common ones include

• The 2-2-3 Visitation Schedule.  In the 2-2-3 schedule, your child lives with one parent for 2 days of the week, the next 2 days with the other parent, and then 3 days with the first parent. The next week it switches.

• The 3-4-4-3 Visitation Schedule.  The 3-4-4-3 schedule is a schedule that has your child stay with one parent for 3 days of the week and then 4 days with the other parent. The next week it switches so the first parent has the child for 4 days and the other parent 3.

• Alternating Weeks. Your child spends 1 week with one parent and the next week with the other parent. This repeats throughout the year.

HOW VINING LEGAL CAN HELP

Ultimately, there are a lot of different approaches to creating parenting time schedules and litigating a custody case.  We have experience working on all sides of a custody case and can give you advice about your situation and whether a modification could be appropriate.

ABOUT VINING LEGAL

Our law office’s primary focus is on criminal defense and family law and we can help you with any child custody, visitation, or child support issues.  We are a law firm based in Indianapolis and work in Marion County, Hamilton County, Johnson County, Hendricks County, and other areas throughout central Indiana.  If you have questions about child custody in Indiana, please call us today at (317) 759-3225 for a free consultation about your case.