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Brayton Conley

Written by Abby Johns on .

With an extensive legal background that includes family law, criminal defense, estate planning and construction litigation, Fort Wayne attorney Brayton C. Conley is consistently drawn to the work he finds most rewarding—helping families through the challenges of family law.

Mr. Conley serves as a trusted advocate when clients most need guidance and clarity. He is committed to providing consistent support and thoughtful legal guidance through every stage of the process.

He emphasizes the importance of trust and communication in every case. “It’s not always going to be an easy process,” he says, “but as long as we communicate clearly and trust one another, we can get through this battle—together.”

Child support information Indiana.

Indiana Child Support: The Effect of Childcare Costs and Health Insurance

Written by Joseph E. Cordell on . Posted in Child Custody.

In most states, including Indiana, health insurance can be a significant portion of child support. It, as well as child care, is added to the base child support calculated for the minor children. Thus, if your child support obligation is $50 per week and one parent pays $25 per week for health insurance coverage, the split for the health insurance premiums is added to the basic child support obligation. As to a common question, “How is health insurance calculated in child support,” you must determine the base child support, then add the health insurance premium. Although one party might pay the premiums, child support is offset based on the percentage each parent pays. 

How Do Health Insurance Costs Affect Child Support in Indiana? 

When medical insurance is available at a reasonable cost, the court orders one or both parents to provide coverage. Health insurance can be public or employer-provided. The court presumes that the parents have health insurance available at a reasonable cost, which is less than five percent of the parents’ combined gross incomes. 

If health insurance is not accessible at a reasonable cost, either through the parents’ employers or via public insurance such as Medicaid, the court orders “cash medical support”—which is an amount ordered for medical costs not covered by health insurance. The uninsured medical expense section of the child support guidelines satisfies the federal requirement for cash medical support. 

Uninsured medical costs include insurance deductibles, prescriptions that might not be covered and other medical expenses not covered by insurance. The parent who pays the full cost of the expense or premium has 30 days to submit a copy of the invoice for medical costs to the other parent for the other parent’s contribution. 

What if My Child Doesn’t Have Health Insurance? 

Federal law requires every child support order to include medical support, including private health insurance from an employer or the marketplace, public health coverage through Medicaid or the Children’s Health Insurance Program or payment toward health care costs. 

Federal law mandates some form of healthcare coverage in child support guidelines, including cash payment support if your child does not have health insurance coverage. Uncovered healthcare expenses are significantly higher if neither parent can provide insurance coverage through their employer or through the marketplace. 

How Have Indiana Child Support Laws Changed? 

Prior to 2024, the child support recipient was required to pay six percent of uninsured healthcare costs annually before allocating medical expenses proportioned by income. This rule has been eliminated. 

The new rule states that uninsured healthcare expenses are added to the direct support obligation, which is similar to how health insurance premiums are handled under the child support guidelines. Instead of one parent paying the first six percent of healthcare costs, all uninsured costs are shared by both parents. 

In an additional change, now child support guidelines include adjustments for the number of overnights spent with each parent. This makes it fair for parents who have equal time-sharing as opposed to every other weekend or several nights per week. 

Determining child support and each party’s contributions to childcare and healthcare can often be complex and depends on several factors. Consulting with a family law attorney familiar with Indiana’s child support laws can assist you in specifying the correct amount of child support. 

Why Work with Cordell & Cordell? 

Whether you are a non-custodial parent or have joint physical custody with nearly equal or equal time-sharing—childcare expenses, including out-of-pocket medical expenses, must be paid. Cordell & Cordell’s experience in child support and child custody can help you determine a fair dollar amount to be added into child support calculations for healthcare coverage and reimbursement for uninsured expenses. 

Client Experience 

“[My lawyer] did well. She was quick, efficient and she got me what I wanted so I was very satisfied.” — Michael J. 

“My attorney was very attentive and I feel he really cared about the case and not just about the money.” — Isaac H.

Wondering About Your Child Support Case? Contact Us. 

Healthcare expenses, a health insurance plan along with childcare are all part of caring for your children and are added to the base child support amount. Cordell & Cordell is a family law firm that guides men through the various family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-DADS-LAW (866-323-7529) or fill out our online contact form to schedule an initial consultation. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice. 

Child custody FAQ Indiana.

Indiana Child Custody Laws: FAQs, Guidelines & Legal Advice

Written by Joseph E. Cordell on . Posted in Child Custody.

Your primary concern as a parent is your child’s well-being and stability. One of the most important things you can do for your child is be there for them. 

However, that can get complicated when you get divorced. Luckily, Indiana believes strongly in the importance of parenting time for childhood development. 

Learn about the Indiana child custody process, what factors the court uses to determine custody arrangements, and how a skilled Indiana custody lawyer can help you fight for what’s best for your child. 

The Types of Child Custody in Indiana 

While the court prefers for parents to agree on how custody matters will work, if that cannot occur, the court will decide what happens based on the best interests of the child. In Indiana, there are two main forms of custody: legal custody and physical custody. 

Physical Custody vs. Legal Custody 

In Indiana, parents can share physical and legal custody. Alternatively, legal and physical custody could be awarded to just one parent if the court believes this is in the best interests of the child. 

Legal custody refers to a parent’s right to make key decisions about the child. That includes education, religious, medical, and other decisions about the child’s life. In many situations, the court will appoint both parents to share joint legal custody, meaning both parents can make decisions about these areas. In many situations, one parent cannot make unilateral decisions without the other parent consenting to that decision, such as where the child goes to school or the type of medical care received. The court prefers to issue joint legal custody. 

Alternatively, the court may appoint sole legal custody of the child to just one parent. In this situation, the parent with sole legal custody does not have to consult the other parent when making any decisions related to the child. 

The second decision relates to physical custody of the child, which refers to where the child will live most of the time. In Indiana, the courts typically use the term “parenting time” to delineate where the child will spend most of his or her time. This is the preferred term instead of child custody or child visitation. The objective of the court is that both parents spend time with their child, as long as that is in the best interest of the child. 

The court can award sole physical to one parent or allow for joint custody. In situations of shared physical custody, an agreement on when and how each parent will spend time with the child is included. 

Under the Indiana child custody laws (Ind. Code § 31-17-2-14 (2023).), the court can award parents physical custody and legal custody or may rule separately in each situation. 

How is Child Custody Determined in Indiana? 

Indiana courts use a variety of factors to determine custody arrangements while focusing on the child’s best interests. In the ideal situation, the parents reach an agreement through a parenting plan. If this does not occur, the judge will use factors such as the following to resolve any disputes. 

  • The child’s age and gender 
  • The child’s preferences, if the child is at least 14 years of age 
  • The wishes of the child’s parents 
  • The child’s relationship with each parent, as well as any siblings or other person who may play a significant role in their life 
  • The child’s current adjustment to their home, school, and community 
  • Any evidence that either parent has engaged in domestic violence 
  • The mental and physical health of the child and each parent 
  • Any evidence that someone other than the parents cared for the child 

Under Ind. Code § 31-17-2-8, 31-17-2-8.1 (2023), Indiana law does not favor one parent over the other. It specifically prohibits discrimination against any parent with disabilities when making custody decisions. 

What are Indiana Parenting Time Guidelines? 

It is critical to understand Indiana parenting time guidelines. These rules address how the non-custodial parent will spend time with their child. The guidelines follow a set of rules based on the developmental stages of the child. There are three key age groups: 

  • Infants and children up to 3 years of age 
  • Young children (elementary-aged children) 
  • Adolescents and teenagers 

The guidelines provide some flexibility to allow for parenting time to be adjusted to the specific needs of the family and their current circumstances. In general, they are meant to represent the minimum amount of time that a non-custodial parent will spend with their child. However, the parents’ agreement or a judge’s order can supersede these rules if it is in the best interests of the child. 

The guidelines recommend the creation of a parenting time schedule based on the child’s development stage. The schedule should consider factors such as: 

  • Overnight stays 
  • Mid-week visits 
  • Weekends 
  • Holiday schedules 
  • Summer vacations from school 
  • School breaks 

Many scenarios may apply in each of these areas based on the child’s adjustment to the divorce. A custody order can address visitation rights with others as well, including grandparent visitation matters. Note that a court order can create a specific custody agreement that fits the family’s needs beyond what these guidelines aim to establish. 

What is a Parenting Plan, and Do I Need One? 

Even if both parents agree on factors such as child custody and support, a parenting plan is beneficial. It works to detail exactly how parents will share the rights and responsibilities of raising their child. The parenting plan should include a time schedule as well as the legal custody arrangements. It should outline all co-parenting rules. 

What Are the Indiana Child Custody Laws for Unmarried Parents? 

At the time of a child’s birth, the parents have the option of signing a paternity affidavit at the hospital, which establishes the legal paternity of the child and places the father’s name on the child’s birth certificate. On this affidavit, which the man signs and agrees to, the mother is given sole custody of the child. The father is given the right to reasonable visitation. 

In situations where no paternity affidavit is signed, the parent that wishes to establish paternity will need to file a petition in the court for that action. The paternity case is filed in family law court to establish paternity. In these situations, the child support prosecutor within the county can assist in the establishment of paternity. Note that they will not assist with assigning parenting time or custody orders for either parent. 

Once custody is established, either parent can ask the court to grant child custody as well as parenting time. 

Why Work With Cordell & Cordell’s Indiana Child Custody Lawyers 

Any custody case is a serious legal matter with long-term ramifications. When it comes to decision-making, the child’s upbringing, and financial matters, working with a skilled, highly experienced Indiana family law attorney is critical. Cordell & Cordell brings over 30 years of experience to the process. The legal team supports men and fathers who need help navigating Indiana family law challenges to achieve ideal outcomes in their child’s situation. 

Testimonials 

“​This is not my first rodeo with my children. This was the first time I felt the firm and my lawyer were representing my children. It should be about representing the child and not the person paying the bill. It will be good to hear the truth from an actual person and not an ad.” — James M.

​”[My lawyer] was very attentive, and I feel he really cared about the case and not just about the money.” — Isaac H. 

Protect Your Time With Your Child 

These decisions are critical to your family’s future. Seek out an Indiana family law attorney who can provide you with comprehensive legal guidance and support. Call Cordell & Cordell now at 866-DADS-LAW (323-7529) or fill out our contact form now to learn more. 

Parent relocation Indiana divorce.

Indiana Non-Custodial Parent Relocation Laws & Child Custody

Written by Joseph E. Cordell on . Posted in Family Law.

If you are a non-custodial parent moving out of state, your parenting time could significantly be reduced. The non-relocating parent may even contest the move and file a motion with the court. If the court finds that it is in the best interest of the child that you do not move, it can prevent you from progressing with your life. Moving, whether across the state or out of state, also means a change in parenting time and possibly, in custody orders. 

If you need to move and your ex-spouse contests the move or refuses to work with you on a long-distance visitation plan, contact a family law attorney at Cordell & Cordell for a consultation. 

Notice of Relocation in Indiana Court 

Indiana Code requires the parent who is moving to file a notice of intent to move with the court that issued the custody order or the court that has jurisdiction over any legal proceedings that concern parenting time with the child. 

The exceptions to this are: 

  • If the relocation has been addressed in a previous court order 
  • The relocation will result in a shorter distance between the parent and child 
  • The relocation is no more than 20 additional miles between the relocating parent and the child 

The court will schedule a hearing and, if necessary, amend the custody order along with the parenting plan. In making changes, the court considers several factors, including: 

  • The distance involved in the move 
  • Additional expense incurred by the non-relocating parent and child for purposes of parenting time 
  • Preserving the relationship between the child and the relocating parent 

In the case of the custodial parent relocating, the court also looks to see if the custodial parent has a “habit” of moving to thwart visitation with the non-custodial parent. 

If the court allows the relocation, existing orders for child support, custody, parenting time, and grandparent visitation remain in place until the court makes a change. 

Does it Matter if the Non-Custodial Parent is Leaving Indiana? 

When a non-custodial parent leaves the state, it can affect child custody orders, especially if the distance is thousands of miles. The relocating parent, whether custodial or non-custodial, must include several pieces of information in the notice of relocation, including: 

  • Parent’s new address 
  • New mailing address if it’s not the same as the physical address 
  • Telephone number(s) 
  • Date of the intended move 
  • Specific reason(s) for relocation 
  • A statement declaring that you do or do not believe the parenting plan should be revised 
  • A statement declaring that other parties involved can file a petition to request an order that prevents the temporary or permanent relocation of the child (in the case of a custodial parent moving) 
  • A statement affirming that the non-relocating parent can file a motion to modify the custody order, parenting time order, or grandparent visitation 
  • A statement specifying that any existing custody order or child support order remains in effect until modified by the court 

The specific reasons for moving must include the purpose for the relocation and “establish honest intent” for your change of residence, as the moving party has the burden of proof to show the relocation is being made in good faith and is for the betterment of the children. 

Parenting from a Distance 

After moving, your child may feel anxious about visiting you, especially if you now reside a long distance away. The child may grow bored because he or she has no friends in the area and all of his or her “stuff” is back home. 

You can make it more fun for your child by spending added quality time with them – most children prefer time with their parents over material items. If your child seems apprehensive about visiting, you can start by asking what you can do to make your new home feel more like home for them. 

If it is within your budget, you may respond to the child’s suggestions for decorating his or her room or begin by providing some of the same toys and items the child currently has at his or her mother’s house. 

Make an effort to plan future activities with your children so they look forward to their visit with you. Set the goal for a future event then involve them in the planning, such as making a special space just for them in your new home. 

Does the Custody Agreement Remain in Effect in Indiana, or Does it Change to Reflect the Laws of the New State? 

In most situations, the custody case remains in Indiana – the state where the custodial parent will remain and will not have to change. However, if both parents move to the same state, you may want to request that the case be transferred to your new home state. 

There is no federal law that governs child custody orders, so each state has its own rules and laws. This can become a challenge to consistently enforce orders across state lines. Fortunately, most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). 

UCCJEA is a uniform bill that simplifies custody matters across state borders. Any state that has adopted the UCCJEA follows the same custody laws contained in the bill. This allows other states to enforce your state’s custody orders based on laws in the state of the original court order. Thus, your Indiana custody order can be enforced in another state, even if the custody laws are different in the other. As of 2024, Massachusetts is the only state that has not adopted the UCCJEA. 

When you need to change a custody order, it will occur in an Indiana court unless the custodial parent also moves to the state you relocated to or moves to a different state. If the custodial parent makes the move to a different state—you or your spouse can ask to transfer the custody order to that new state. 

Why Work with Cordell & Cordell 

Dealing with child custody across state lines can be stressful even when both parents are in agreement with the move. If your ex-spouse disagrees, you will need a court order to approve your move. Before planning your proposed move, consult an experienced custody lawyer for legal advice in handling any changes made to visitation rights and custody orders. 

Client Experience 

“She did everything exceptionally well. She was quick to respond, always available, and always there to answer any questions that I had. She always made herself available to me. She was absolutely great. She was always friendly, professional, and I could not have asked for a better experience overall.” — Daniel H. 

Worried About a Move Affecting Your Custody? Contact Us. 

Cordell & Cordell is a family law firm that guides individuals through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

Clayton Morgan divorce attorney.

Clayton Morgan

Written by Abby Johns on .

Mr. Morgan has been licensed to practice law for over 14 years. His first 14 years of practice were devoted to his own firm focusing his practice on the fields of criminal defense, civil litigation, probate and family law. He has had great success in his practice, including a judgment in favor of unsuspecting renter/purchase option parties against an unscrupulous defendant. Mr. Morgan’s extensive family law experience includes his successful effort to track down the children of a divorced father who were taken by their mother out of state without notice. With the help of a successfully plead Writ of Habeas Corpus and law enforcement, Mr. Morgan’s client was quickly reunited with his children. Mr. Morgan has participated in dozens of trials as well as cases that have advanced to the Court of Appeals.

A smiling man in camouflage military attire embraces a joyful young girl in an indoor setting. Their affectionate interaction conveys a warm emotional connection.

Relocation of Custodial Parent in Indiana

Written by Joseph E. Cordell on .

In Indiana, the custodial parent must notify the non-custodial parent and the court prior to relocating with the minor children, whether it’s a move across the country or across the street.

If you are the non-custodial parent, you may have encountered the following situation: your ex-spouse tells you that she has received a job offer in another state. One of your immediate thoughts is likely, “What does this mean for our children and my parenting time?”

As the non-custodial parent, you have a few options on how to address relocation. Contact our team of dedicated child support attorneys to learn about your legal options.

A toddler crawls on a carpet towards the camera, with two women and another baby seated behind in a bright, plant-adorned room.

Understanding Indiana’s Legal Framework for Custodial Parent Relocation

The Custodial Parent Must File a Notice of Intent to Relocate

As of 2024, Indiana Code Section 31-17-2.2 requires custodial parents to file a notice of intent to move with the presiding court unless a specific exception applies. The parent must file and serve the notice to the noncustodial parent at least 30 days before the relocation OR less than 14 days after the custodial parent learns about the relocation, whichever is sooner. The other parent must respond within 20 days of being served notice unless they have filed a written agreement with the court resolving custody and parenting time issues related to the relocation.

The relocating parent does not have to notify the court if the relocation:

  • Has already been addressed in a prior court order
  • Moves the custodial parent closer to the noncustodial parent
  • Increases the distance between the parents’ houses by less than 20 miles and allows the child to remain enrolled in their current school

If either party requests a hearing, the court will set a date to determine whether the child is allowed to relocate with the parent and whether custody and parenting time should be modified. This hearing happens whether the relocating parent is exempt from providing notice or not.

It is up to the relocating parent to prove that the relocation is made legitimately and in good faith. If they can, the nonrelocating parent is responsible for showing that the relocation is not in the best interest of the child.

If the nonrelocating parent fails to respond to the notice of intent, the custodial parent is automatically permitted to move with the children.

You Can File an Objection to the Relocation

A person carries cardboard boxes, suggesting moving, inside a well-lit room with large windows and hardwood floor.

As a non-custodial parent, you have the right to object to the relocation if said relocation will have an effect on your parenting time. So, if your ex plans to move eight hours away and wants to take the children as well, you have to decide whether you will consent to the children relocating.

Factors Courts Consider in Relocation Cases

When it comes to relocation cases, there are certain factors a court will take into consideration if you do choose to object. These considerations will be pursuant to Indiana Code § 31-17-2.2-5.

To start, the relocating parent must meet the initial burden of proof. This means the parent must adequately show that their proposed relocation is being made for a legitimate reason and in good faith. Such reasons may include:

  • Obtaining a better paying job,
  • Relocating for a fiancé, or
  • Moving closer to family.

Once this requirement is met, the burden of proof shifts to the non-custodial parent to show that the proposed relocation is not in the child’s best interest.

Depending on the specific facts of the case, non-custodial parents may be able to use various arguments, which might include:

  • Such relocation deprives you of significant parenting time and, in turn, potentially harms your relationship with your child.
  • There are legitimate reasons for you to strongly believe that the custodial parent will not prioritize the maintenance of a healthy long-distance relationship between you and that child.
  • The child already has strong ties in the current community (e.g., school), and a move will adversely affect them.
  • The child is older and expresses a sincere wish not to relocate.

A child in a light blue shirt appears frustrated or thoughtful while studying books at a desk, against a blurred classroom background.

Other arguments can also be made based on what your particular circumstances are and how they will affect your child. An experienced family law attorney for clients can help you identify the important considerations and prepare solid arguments to present to the court on your behalf.

Ultimately, however, the judge in the case will need to determine whether the reason for relocating is legitimate and whether the relocation fails to be in the child’s best interests.

Impact of Relocation on Child Support and Parenting Time

The Indiana Parenting Time Guidelines provide a sample parenting time schedule for “Parenting Time Where Distance is a Major Factor.”

The courts will often encourage as much parenting time as is feasible given the geographical distance between the parent and child while taking into account that the child will likely have some activities in his or her local area that can provide enrichment to the child’s life as well, thus requiring the child to have some weekends and “off” times at their primary residence.

  • The non-custodial parent essentially receives a majority of any “break” time the child has from school, such as seven weeks in the summer, Spring Break and Fall Break, and a week at Christmas.
  • Additionally, if you ever travel to the city where your child lives or if your child is visiting your area, then you should receive liberal parenting time during those times as well.
  • In some cases, if the relocation is only a few hours away, the court may apply the schedule where distance is a major factor but also grant you additional weekends throughout the year.

Personal Stories of Navigating Custodial Parent RelocationA child with a blue backpack sits alone on a stone pathway, surrounded by garden foliage.

Navigating custodial parent relocation can be emotional, frustrating, and overwhelming. Personal stories abound and can give you hope in some situations and worry you in others. Still, seeking a solution that is in the best interests of the child will be at the forefront of any action taken.

By way of example, one personal story includes a situation where an ex relocates far away, leaving the non-custodial parent feeling worse than when going through the actual divorce and child custody process.

The divorce took place when the child was only three years old and the parents shared custody for almost seven years. These years involved the non-custodial parent taking on more of the responsibility and parenting time with the child because the mother was unable to do so. Then, suddenly, with only a week’s notice, the custodial parent decided to move some 500 miles away.

Upon learning of the quick relocation, the non-custodial parent filed for full custody as soon as possible and was ordered into mediation to try and work something out. Throughout the process, the goal continued to be finding ways to protect the child while also maintaining the relationship with each parent.

An agreement was reached where the child would alternate years with each parent, starting with the non-custodial father. In the end, this father emphasized that working with an experienced family law attorney proved to be a valuable choice.

Please note that most relocation cases require a trial because there are often few options to find compromise in a relocation case. Therefor, you need knowledgeable and experienced legal counsel to represent your best interests.

Why Work With Cordell & Cordell?

The law firm of Cordell & Cordell is committed to aggressively advocating for parents in divorce and custody cases. With over 30 years of service to clients, we continue to offer quality representation to clients who need our help to overcome specific circumstances in their lives and tackle societal assumptions that often go against them.

We have represented thousands of clients and maintained high client satisfaction rates throughout our firm’s history. Our legal professionals focus on providing you with a high level of client service in our attorney-client relationship.

Get to Know Us Through the Words of Past Clients

“[My attorney] was very attentive, and I feel he really cared about the case and not just about the money.” — Isaac H.

“You guys saved my [child’s] life. I couldn’t be more appreciative.” — Shawn B.

Keep Your Kids Close With Cordell & Cordell

A man and two boys are laughing and cuddling on a sofa, in a well-lit room with large windows.

Ultimately, a proposed relocation usually calls for significant reflection regarding what is best for your child and what you wish to do to keep your child with you.

As each case is factually different, it is best to consult with an Indiana family law attorney regarding your options as soon as you are put on notice that your ex may try to move with your child.

Your Indiana divorce lawyer can help you evaluate your case so that you can formulate your thoughts regarding what is best for you and your child. Contact us today to learn how our firm has helped Indiana parents like you.

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Indiana Child Custody

Written by Joseph E. Cordell on .

Indiana child custody attorneys provide answers to frequently asked questions with regards to Indiana child custody laws.

Who will get custody of our child?

In Indiana, who receives custody of the children is based on the best interests of the child. What is in the best interests of the child is determined by the court based on an analysis of a series of factors set forth by statute.

What is joint custody? What is sole custody?

There are two basic forms of custody in Indiana – legal custody and physical custody.

Physical custody refers to where the child(ren) are physically located. Parents can share physical custody, which means the children spend equal time with each parent. Or one parent can have primary physical custody, with the other parent having “parenting time” or visitation.

Legal custody refers to how to deal with major decisions that arise in a child’s life. Parents can share joint legal custody or one party can have sole legal custody.

If both parents share custody does anyone pay child support?

Whether a party pays child support will be based on the result of a formula created by the state that considers each party’s gross weekly income, the cost of the child’s daycare, if necessary, and who pays for it, health care costs, and the amount of parenting time the non-custodial parent exercises.

If both parents share custody and their incomes are sufficiently similar, they may be able to avoid a separate child support obligation. Alternatively, the parties can agree to forego a child support order and instead provide for the expenses associated with the child’s care whilst exercising their own parenting time.

Can a parent refuse to allow visitation if child support is not paid?

No, parenting time may not be refused based solely on the failure to pay child support. However, if an obligor fails to pay child support the spouse may file a contempt of court action in the original court where the divorce and child support orders were issued. In some instances the court can provide jail time for the nonpayment of child support.

When can my child decide which parent to live with?

Until your child reaches the age of 18, the court will make a determination as to custody. However, at age 14, consideration is given to the child’s wishes by the court when making this determination.

Do grandparents have custody and visitation rights?

In Indiana, grandparents may pursue visitation with their grandchildren through the court. Whether a grandparent is given visitation rights is based on the best interests of the child.

A grandparent may do so if the child’s mother or father is deceased, if the child’s parents were divorced in Indiana, or if the child was born out of wedlock. A grandparent’s visitation rights survive the adoption of a child by a stepparent or by the child’s grandparent, sibling, aunt, uncle, niece, or nephew.

What is a parenting plan, and do I need one?

A parenting plan refers to the parenting time or visitation that divorcing or divorced parents have with their children. If the parties are agreeable, it is highly encouraged they come up with a parenting plan that suits their schedules and allows their children to foster a healthy relationship with both parents.

If this is not an option, the court will make a determination regarding custody and parenting time as a part of the final Decree of Dissolution governing the time of each party.

If my separation agreement includes custody/support can it be included in the divorce decree?

If the court approves the content of the custody and support portion of the agreement, it can be included in the Divorce Decree. Since the best interests of the child must always be determined by the court, this portion of the agreement will not be included automatically.

What can I expect from temporary orders?

Divorcing couples often tackle custody and visitation issues as soon as they separate. Courts generally honor both long-term and short-term custody arrangements agreed to by parents. When parties can’t agree, a temporary order governing the provisional period may be issued by the court.

This order may be determined by a preliminary hearing during which evidence regarding custody and parenting time is presented. After the hearing, the court issues an order deciding custody that will be in effect until the court enters its final divorce decree.

When will child custody be decided?

Temporary custody may be decided as soon as separation is effected. Permanent custody arrangements will be included in the court’s final Decree of Dissolution.

When can I modify custody?

Once the issues of custody and visitation have been resolved by agreement or the court, specific procedures must be followed to change the arrangement.

In order to support a request for a change to a custody or visitation arrangement, the parent seeking the modification must show a substantial change in circumstances. Courts will almost always consider a request for modification if there is a showing that the child is endangered by the current custody arrangement.

If a custody modification is contested, then the parent seeking the change should be prepared for what will likely be a contentious hearing.

What if we cannot agree on a custody arrangement?

If the parties cannot agree to a custody arrangement, the court will determine what arrangement is in the best interests of the child and include the plan in the final Decree of Dissolution.

What is an ex parte order?

An ex parte order is an order requested by a party and issued by a court without notice to the other party.

How is custody decided?

Custody is determined by the court’s determination of what is in the best interests of the child. What is in the best interests of the child is determined by the outcome of the court’s analysis of a series of factors set forth by statute, including the wishes of the parents, the interaction and interrelationship of the child with the child’s parents, siblings, etc., the child’s adjustment to the child’s home, school, and community, and the mental and physical health of all parties.

How can I increase my chances at getting a larger custody agreement?

You should consider your involvement in your child’s life and work to actively maintain and develop this relationship. Spend as much time with your child as possible so your role in their life is clearly visible to the court.

What is visitation?

Visitation or parenting time is the actual time divorcing parents spend with their child.

Can a judge order supervised visitation or no visitation?

A judge may order supervised visitation if some risk to the child exists if unsupervised visitation is granted. Similarly, if the court determines it is not in the best interests of the child for a parent to exercise parenting time, the court may order no visitation.

What should I know before a custody trial?

You should know the court will be making inquiries into your role in your child’s life, your health and stability, and your contribution to your child’s upbringing.

If custody is contested, be prepared for what is considered the most contentious issue in family law. You must be able to prove to the court that your child is better off with you. Thus, you should bear this in mind at all times.

Can I collect my own evidence to use if my custody case goes to court?

If there is custody litigation, gather photographs of you and your children, buy and read books about parenting and children, attend seminars and keep the literature provided to you. These activities will help strengthen your relationship with your children and serve as useful tools during your custody litigation.

Do I need to use a Guardian ad Litem/Custody Evaluator?

In some cases a Guardian ad Litem is recommended in order to help the court learn more information about each parent and their relationship with the child. Often the court or your attorney may recommend or require the appointment of a custody evaluator or Guardian ad Litem in order to assist in the determination of custody in your case.

Will my child need to appear in court?

Depending on the age of your child, the court will likely try to determine a custody arrangement without requiring your child’s appearance in court.

If your child is a bit older and his/her wishes may be considered by the court (i.e. at least 14 years old), your child’s appearance in court may be necessary.

What is the Parental Kidnapping Prevention Act?

The PKPA allows any state to honor and enforce a custody order issued by another state’s court in order to prevent parental kidnapping. The PKPA prohibits a second state from exercising jurisdiction when another court is already exercising jurisdiction in a child custody matter. This prevents a parent from seeking the intervention of a new court into a custody matter that has already been determined by a court in the child’s home state.

What if my wife tries to move the kids out state?

Indiana law requires that individuals subject to a parenting time or visitation order must file and serve upon the other party a notice of intent to relocate whenever he/she relocates his/her residence. There is no distance restriction for this requirement.

The notice of relocation must be filed and served upon the opposing party no less than ninety (90) days before the parent intends to relocate, and the notice must contain the information pertinent to the new location.

The non-relocating party may then file a motion with the court objecting to the relocation of the child. If such an objection is filed with the court, the relocation is contested and must be scheduled for hearing.

Can a parent change the child’s last name without the other parent’s permission?

No. A parent may not change a minor child’s last name without the other parent’s permission unless their right to consent has been removed by law. In the absence of these circumstances, the parent wishing to change the child’s name must petition the court and obtain consent from the other parent.

If I have custody, will I receive child support?

If these factors produce a child support obligation for the non-custodial parent, you will receive child support.

Robert Haywood

Written by Abby Johns on .

Robert Haywood’s interest in family law started largely by accident. He started working as a Family Case Manager at the Department of Child Services right out of college, and he had no idea how much he would become invested in that kind of work.

“It became such a passion for me, to see families in a better place than they had been, that I decided to pursue my law degree to work as a family law attorney and to work with clients who were dealing with some of the biggest challenges in their lives,” he says. “The hope is that there would be a way for me to help them to a better day and to remember there is life after divorce.”

Mr. Haywood describes his practice of law as relentless, which benefits his clients.

“Practicing law, especially family law, isn’t always linear. We may have new challenges that arise as a case unfolds, but I am relentless in overcoming the obstacles for my clients,” he says. “I would always advise clients that we don’t know what may happen in their case at the outset, but that I will stay relentless in pursuing their best outcomes.”