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Child Custody vs. Parenting Time in Indiana: Why Modifying Parenting Time Might Be Your Best Option

When parents in Indiana decide to separate or divorce, one of the most critical issues they face is determining how they will share the responsibility of raising their children. In Indiana law, there are two key terms that come into play: child custody and parenting time. While these terms are often used interchangeably, they have distinct legal meanings, and understanding the difference can be crucial when you need to update your parenting arrangements. An experienced family law attorney can help you understand the difference and navigate this matter. This blog will discuss the difference between child custody and parenting time in Indiana.

In Indiana, child custody refers to the legal decision-making authority for a child. There are two types of custody: legal custody and physical custody. Legal custody involves the right to make major decisions about the child’s upbringing, such as education, healthcare, and religion. Indiana courts often award joint legal custody, meaning both parents share these decision-making responsibilities. It is important to note that while legal custody is normally provided to both parents, there are still instances with high conflict and complex circumstances where only one parent is awarded legal custody. Physical custody determines where the child primarily resides, One parent may have primary physical custody, or the parents may share physical custody.

Parenting time, on the other hand, refers to the actual time each parent spends with the child. Indiana has adopted the term “parenting time” instead of “visitation” to emphasize the importance of both parents’ roles in their children’s lives. The Indiana Parenting Time Guidelines provide a framework for dividing parenting time based on the child’s age and the parents’ circumstances. The Indiana Parenting Time Guidelines provide multiple scenarios in which parenting time can be established, as well as communication between parents and the children involved.

Life circumstances change, and what worked for your family initially may not be the best arrangement a few years down the line. In Indiana, modifying parenting time is often simpler and less contentious than modifying custody. To modify custody in Indiana, you generally need to show a “substantial change in circumstances” that makes the current custody arrangement unreasonable. For parenting time modifications, the standard is often lower. You may only need to show that the change is in the child’s best interests. 

Modifying parenting time allows you to adjust schedules without altering the fundamental decision-making structure. This can be less disruptive for the child and may cause less conflict between parents. Parenting time modifications can accommodate changes like a parent’s work schedule, a child’s extracurricular activities, or even a parent’s relocation within a reasonable distance. If you are seeking more parenting time, starting with small modifications can help your child adjust and can demonstrate to the court that the changes are beneficial. Because the legal standard is often lower and the process can be less adversarial, modifying parenting time may be less expensive than a full custody battle.

Remember, in all matters involving children in Indiana, the court’s primary concern is the best interests of the child. When seeking a modification, focus on how the changes will benefit your child, such as allowing more quality time with each parent or better accommodating the child’s needs. Before proceeding with any legal action, it is always advisable to consult with an Indiana family law attorney. They can help you understand your rights, navigate the legal process, and advocate for an arrangement that serves your child’s best interests.

In conclusion, while both child custody and parenting time are important aspects of co-parenting in Indiana, modifying parenting time often offers a more flexible, less contentious path to adapting your parenting plan as your family’s needs evolve. By focusing on parenting time, you can make necessary changes while maintaining stability in your child’s life. The attorneys at Ciyou & Associates, P.C. have an immense background in family law matters that concern parenting time and child custody throughout Indiana. We are here to help you navigate this process. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.

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