In Indiana child custody cases, several legal presumptions guide the courts' decision-making process. Understanding these presumptions is crucial for parents navigating the custody system. This blog explores three key presumptions in Indiana child custody law and explains their practical implications for parents.
The most fundamental presumption in Indiana custody laws is that all decisions must serve the best interests of the child. This means that Courts must prioritize the child’s wellbeing over parents’ preferences. All custody decisions are viewed through this lens and this presumption overrides other considerations. Courts consider the following factors: the child’s age and developmental needs; each parent’s ability to meet the child’s needs; the child’s relationship with each parent; the child’s adjustment to home, school, and community; the mental and physical health of all parties; evidence of a pattern of domestic violence; and the child’s wishes (particularly for older children). It is important to focus arguments on a child’s needs rather than personal desires and demonstrate a willingness to foster the child’s relationship with the other parent.
Indiana law presumes that joint legal custody serves children’s best interests when parents can cooperate effectively. This means that both parents share decision-making rights regarding education, medical care, religious upbringing, and major life decisions. Requirements for joint legal custody are the ability to communicate effectively about the child, willingness to cooperate in decision making, ability to put aside personal differences for child’s benefit, and history of making joint decisions. Parents must maintain open communication channels and need to document all decision-making processes. Some parents use communication apps if direct communication is difficult.
Indiana courts generally presume that maintaining stability in a child’s life serves their best interests. Courts favor arrangements that minimize disruption as existing custody arrangements carry weight. Significant changes require compelling justification. The Courts consider the length of current arrangement, the child’s adaptation to current situation, impact of proposed changes, and stability of each parent’s home environment. Primary custodians should maintain detailed records of daily routines, school performance, community involvement, and support systems. Parents seeking changes must demonstrate a substantial change in circumstances, how proposed changes benefit the child, and ability to maintain child’s key relationships and activities.
Understanding these presumptions is crucial for parents involved in Indiana custody cases. Remember: “best interests” requires focusing on the child’s needs above all else; joint legal custody presumption means demonstrating ability to cooperate; and status quo presumption requires strong evidence to justify changes. While these presumptions guide the court's decision-making, they can be overcome with proper evidence and argumentation. Working with an experienced Indiana family law attorney can help you understand how these presumptions apply to your specific situation and develop strategies to address them effectively. The attorneys at Ciyou & Associates, P.C. have a strong background in child custody matters in Indiana. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
