Child Custody

When families face divorce or separation, few issues are as emotionally charged and challenging as child custody. Decisions about where children will live, how major choices about their upbringing will be made, and what parenting time will look like can have lifelong consequences for both parents and their children.

At Myers & Wallace, LLP, our family law attorneys understand how deeply personal every custody case is. We always fight to protect the best interests of the child and your rights as a parent. Contact us today to learn more.

Why Choose Myers & Wallace, LLP?

Choosing the right attorney is one of the most important steps you can take when facing a custody dispute. Here are the advantages you’ll receive when you choose the team at Myers & Wallace, LLP, to represent you:

Decades of Experience: Our team offers over 50 years of combined legal experience. We’ve taken on a wide range of child custody dispute cases and helped countless clients secure bright futures for their families.
Insight into Indiana Family Courts: We know how Indiana family law views child custody disputes and how local judges evaluate these cases. That insight offers a distinct advantage when building your case.
Clear, Consistent Communication: We understand the stakes in these cases and take pride in being as available and responsive as possible for client inquiries.
Strong Advocacy In and Out of Court: Whether through negotiation, mediation, or litigation we fight to protect your parental rights and your child’s future.
Comprehensive Support: Custody issues often overlap with other family law issues, such as child support, property division, and visitation, and we provide guidance through every aspect of your case.

Determining Child Custody in Indiana

In Indiana, custody is determined based on the child’s best interests. Because every family is unique, courts consider the specific circumstances of each case rather than applying a one-size-fits-all rule. Judges evaluate a wide range of factors before making a custody determination, including:

The child’s age and health
The child’s relationship with both parents
Each parent’s ability to provide a stable, healthy environment
The child’s adjustment to home, school, and community
Evidence of domestic violence or substance abuse
Each parent’s wishes

Courts heavily favor a joint custody arrangement, but if it’s determined that one parent is significantly more capable of providing a safe, stable, secure environment for the child or that one parent may provide a harmful environment for the child, they may rule for sole custody. That’s why working with an experienced child custody attorney is crucial to building a compelling case for your desired arrangement.

The Different Types of Child Custody Arrangements

Indiana law recognizes two primary types of custody: legal custody and physical custody. Understanding the difference between the two is critical for parents entering custody proceedings.

Legal Custody: This type of custody grants the authority to make major decisions on behalf of the child, such as education, religious upbringing, and healthcare. Legal custody can be sole (one parent makes the decisions) or joint (both parents share decision-making authority).
Physical Custody: This type of custody determines where the child will live on a day-to-day basis. One parent may receive primary physical custody while the other receives parenting time, or the parents share joint physical custody if circumstances allow.

In many cases, parents share joint legal custody while one parent has primary physical custody. However, every case is unique, and courts always consider the specific circumstances to tailor an arrangement based on the child’s best interests.

Visitation (Parenting Time) Rights

Even if courts award one parent primary custody, Indiana law strongly supports the idea that children benefit from maintaining meaningful relationships with both parents. The Indiana Parenting Time Guidelines provide a framework for visitation schedules, including weekends, holidays, vacations, and other special occasions.

Parenting time rights may include:

Standard Parenting Time: Regular visits according to state guidelines. These schedules offer children stability while ensuring consistent involvement from both parents.
Supervised Visitation: When concerns for the safety or well-being of the child are a factor, visits may be monitored by a third party. This arrangement allows the parent-child bond to continue while protecting the child from potential harm.
Extended or Modified Visitation: Special schedules may be ordered to accommodate distance between parents’ homes, unique work obligations, or the child’s specific needs.

Enforcement of Custody Orders

Unfortunately, disputes may continue even after a custody arrangement has been determined. If one parent fails to follow the custody or visitation order, enforcement through the court may become necessary.

Common enforcement issues include:

Denying scheduled parenting time
Refusing to return a child after visitation
Failing to communicate about major decisions
Moving a child without permission or court approval

Indiana courts take custody order violations seriously. A judge may order make-up parenting time, fines, or even modifications to the existing custody arrangement. The team at Myers & Wallace, LLP, have extensive experience filing enforcement actions and helping parents see to it that court-ordered custody arrangements are respected.

Can Child Custody Be Changed?

Yes. Child custody arrangements are not necessarily permanent. Life circumstances change, and Indiana law allows for custody modifications to reflect those changes. To receive a modification, the parent must show that:

Substantial changes in circumstances affect the child’s best interests
A modification would be in the child’s best interests

Examples of substantial changes include:

A parent’s relocation
Changes in a child’s educational or medical needs
Evidence of neglect, abuse, or unsafe living conditions
Changes in a parent’s work schedule, health, or stability

Our attorneys can review your child custody arrangement and evaluate whether your situation qualifies for a modification and help you build a compelling case for or against custody changes.

How an Experienced Child Custody Attorney Can Help

Facing a child custody dispute on your own can be both overwhelming and stressful. An experienced Indiana child custody attorney can make all the difference in the outcome of your case. Your attorney can help by:

Explaining Your Legal Rights: Understanding your rights under Indiana family law is the first step towards achieving your desired custody arrangement. Your attorney can explain your rights and legal options to you at your initial consultation.
Building a Compelling Case: Your attorney will work with you to gather the evidence needed to build a strong case. That can include school records, witness testimony, and expert evaluations.
Negotiating Fair Agreements: Whether in settlement discussions or through mediation, your attorney can advocate aggressively for your parental rights and the best interests of your child.
Representing You in Court: If your case goes to court, you can go into the proceedings with peace of mind knowing that you have a seasoned attorney representing you.
Enforcing Custody Arrangements: When the other parent refuses to follow court-ordered custody arrangements, a skilled attorney can work to help you enforce that arrangement and protect your parent-child relationship.
Guiding You Through Modification Actions: When life circumstances change, you may need to pursue a custody modification. Your attorney can build a compelling case for your desired outcome, or they can argue against a modification that’s not in your child’s best interests.

Contact an Experienced Child Attorney Today

The outcome of a child custody dispute can shape your family’s future for years to come. You don’t have to go through this process alone. The experienced child custody attorneys at Myers & Wallace, LLP, offer the knowledge, guidance, and aggressive advocacy you need during this challenging time. Contact us today for your consultation.

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Myers & Wallace, LLP helps with a wide variety of legal needs throughout Indiana. If you need assistance for a case relating to employment law, civil rights, criminal defense or personal injury call us at 260-424-0600 so we can get started on developing your personalized strategy.