How to Get Full Custody of a Child in Indiana

When it comes to the process of divorce or separation from an individual with whom you share a child, addressing the issue of child custody is often a complicated matter. In Indiana, judges generally prefer joint custody arrangements, as such arrangements are often seen as being in the best interests of the child.

Joint custody allows for both parents to share decision-making responsibilities and time with the child, which is considered to promote a balanced and stable upbringing. However, the child custody arrangement that works for you will ultimately depend on the unique circumstances of your case and what the court determines to be best for your child.

In order to understand how one parent may be awarded full custody, you must first understand how child custody decisions in Indiana are made in Indiana. Because each custody case is unique, there are numerous different forms of child custody that may be ordered. Every decision will be based on the child’s best interest standard.

The child’s best interests standard is a legal standard, which states that all decisions related to a child must be made in accordance with the child’s interests and backgrounds being placed above the parent’s personal preferences.

In Indiana, full custody, also known as sole custody, means that one parent has the primary responsibility for making important decisions about the child’s life (i.e., has primary legal custody) and that the child lives with that parent most of the time (i.e., has primary physical custody).

A full custody arrangement can be granted if the court determines that it is in the best interests of the child for such an arrangement to be ordered. One common example of a situation where it may be in a child’s best interest for a full custody arrangement is in cases where one parent might be unable to provide a safe and stable environment.

Parents with full legal custody in Indiana have the authority to make key decisions that can shape their child’s upbringing and future, such as:

• Educational Decisions: Determining the child’s school, courses, extracurricular activities, and overall educational path
• Religious Decisions: Deciding the child’s religious upbringing, including participation in religious activities and education
• Legal Decisions: Representing the child in legal matters, such as signing contracts on their behalf and making other legal decisions
• Medical Decisions: Making choices about medical treatments, procedures, and healthcare providers
• Psychiatric Treatment: Deciding on psychiatric care and treatment plans, including therapy and counseling options

Once again, having full legal custody means that the custodial parent has the sole authority to make these significant decisions without needing the consent of the other parent. However, it’s always encouraged to act in the best interest of the child and involve the other parent when possible.

In order to get full custody of your child in Indiana, you’ll generally need to meet certain criteria and do the following steps:

• File a Custody Petition: You’ll first need to file a petition for custody with the court in the county where you or the child lives, which outlines your request for full custody and the reasons for it
• Serve the Other Parent: The other parent must then be served with the custody petition, giving them proper legal notice of the proceedings
• Attend a Hearing: A hearing will then be scheduled where both parents can present their case. You’ll need to provide evidence supporting your request for full custody
  • Indiana courts will always determine custody based on the best interests of the child standard
• Court Decision: The judge will then make a final decision based on the evidence presented and the best interests of the child and order both parties follow the custody order

What Are the Requirements for Full Custody?

As mentioned above, in Indiana, the full custody requirements are based on the best interests of the child standard, which considers:

• The Child’s Needs: The court will evaluate the physical, emotional, and educational needs of the child
• Parental Ability: Each parent’s ability to meet these needs will also be weighed
• Stability and Continuity: The importance of maintaining stability in the child’s education, family, and community life is another key factor
• Parent-Child Relationship: The nature of the relationship between the child and each parent will also be considered
• Parental Cooperation: The willingness of each parent to cooperate and encourage a relationship between the child and the other parent is another factor
• History of Abuse: Any history of abuse or neglect is heavily weighed in the decision of determining whether to grant full custody

Specifically, the statute concerning the child’s best interest standard in Indiana can be found in Indiana Code § 31-17-2-8. That Code outlines the factors the court must consider when determining the best interests of the child in custody cases.

How Is Custody Determined?

In Indiana, custody laws for unmarried parents are designed to ensure that both parents have an opportunity to be involved in their child’s life, provided it is in the child’s best interests. Custody is generally determined as follows:

• Establishing Paternity: If paternity has not yet been established, the father will not have any legal rights or obligations regarding the child
  • Paternity can be established voluntarily by signing a paternity affidavit, or through a court order following a paternity test
• Custody and Parenting Time: Once paternity has been established, the father can then seek custody or parenting time
  • The court will then determine custody and visitation based on the best interests of the child
• Parental Rights: It is important to note that both parents, once legal parentage is established, have the right to seek custody regardless of their marital status.

In addition to the above, both parents will be responsible for financially supporting their child. In cases where one parent has more custodial rights than the other parent, child support may also be ordered by the court.

A local Indiana attorney will be able to help guide you through Indiana’s rules regarding obtaining custody over your child. They will also be able to help guide you through establishing paternity if paternity has yet to be established.

Do I Need To Hire a Lawyer for Help With Child Custody Issues?

If you are in a situation where you believe you should be granted full custody of your child or are going through a separation from your child’s parent, then it is in your best interests to consult with an experienced Indiana child custody lawyer.

LegalMatch can assist you in setting up an initial lawyer consultation with a custody lawyer in your area. An experienced child custody attorney will be able to help you understand Indiana’s specific laws on child custody, including whether or not seeking full custody is appropriate, given your unique circumstances.

They can also help you attempt to reach an agreed custody order with the other parent, as well as help draft such an order to present to the court. Should an agreed order not be possible, an attorney can also help you properly draft, file, and serve the other parent in a custody action.

A lawyer will also be able to make sure your parental interests are protected throughout the custody case, and help represent you during an emotionally charged situation. This includes providing you with legal advice and answering any questions you may during the process of determining custody. Finally, an attorney will also be able to represent you in court, as needed.