Whether you are going through a divorce, establishing paternity, or seeking a post-decree modification of a previous Court Order, the custody of children is a serious matter. The standard by which a Court determines custody in Indiana is always the "best interests of the child." There is no presumption favoring one parent over the other when making such a determination. Instead, there are specific factors that the Court must consider.
Physical Custody refers to the designation given to the parent with whom the child will spend the majority of overnights. The other parent shall receive parenting time pursuant to the Indiana Parenting Time Guidelines. Parents are strongly encouraged to become familiar with the Guidelines for ease of creating parenting time plans and schedules.
Legal Custody refers to the parents’ authority and decision making with respect to the child’s health, education, and religious training.