When going through the divorce process, you’ll soon find yourself pondering the impact on your children. For example, you’ll wonder what you can do to obtain physical custody of your children.
While there is no way of knowing exactly what will happen during the divorce process, there are things you can do to maintain a high level of confidence.
Above all else, educate yourself about the family law system in Indiana, which will help you better understand how physical custody is determined.
In Indiana, as well as many other states, the person who receives physical custody is based primarily on what is in the best interest of the child. This is subjective, to a certain degree, but the court takes a variety of factors into consideration, such as the age of the children, your children’s feedback to the court and the mental and physical health of each parent.
What about legal custody?
While physical custody outlines where your children will live after divorce, legal custody is something entirely different.
Legal custody refers to who will make major life decisions on behalf of their children, such as those related to education, religion, extracurricular activities and medical care.
What is parenting time?
Physical custody may be what you’re after, but if things don’t work out this way you still have legal rights. For instance, you can obtain parenting time rights with your children, therefore allowing you to spend a good amount of time with them.
Should you gain parenting time rights, it’s important to work out a schedule with your ex-spouse. This will ensure that you’re on the same page regarding the schedule of when you’ll see your children…
Regardless of whether you have physical custody or not, a parenting plan could be helpful. This gives both parents something to lean on while co-parenting after divorce. As long as you follow the parenting plan in full, you never have to worry about violating a court order.
It is important to understand how Indiana determines physical custody, as this will allow you to prepare accordingly, protect your legal rights and hopefully get what you want in the end.
