Indianapolis Child Custody Attorneys

The family law attorneys at Bernhardt Phillips, LLP, represent parents in child custody actions throughout Indianapolis and across the state of Indiana. At Bernhardt Phillips, LLP, we have the knowledge and experience necessary to help you understand your rights and accomplish your goals. If you have questions about your custody order or questions about getting started with a new custody case, then call or click today to schedule your free consultation.

Legal Custody Versus Physical Custody

There are two (2) distinct types of custody awarded in Indiana: legal custody and physical custody. Legal custody concerns involve the parent being responsible for making the major decisions regarding a child’s upbringing, including major medical decisions, schooling, and religion. Physical custody concerns where a child spends the majority of their overnights. When dealing with a custody case, it is important to know the differences between legal and physical custody and how both will affect you and your family moving forward.

Best Interests Of The Child

Indiana Code 31-14-13-2 states that “The court shall determine custody in accordance with the best interests of the child.” But what does that mean exactly? The statute details a very specific list of factors that the court should consider when making a custody determination. They are:

1. The age and sex of the child.
2. The wishes of the child’s parents.
3. The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
4. The interaction and interrelationship of the child with:
   1. the child’s parents;
   2. the child’s sibling; and
   3. any other person who may significantly affect the child’s best interest.
5. The child’s adjustment to home, school, and community.
6. The mental and physical health of all individuals involved.
7. Evidence of a pattern of domestic or family violence by either parent.
8. Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 2.5(b) of this chapter.

Understanding The Indiana Parenting Time Guidelines

One of the biggest concerns parents have during a custody case is understanding what their parenting schedule may actually look like after the court enters orders. Indiana courts frequently rely on the Indiana Parenting Time Guidelines (IPTG) when determining parenting time arrangements for the noncustodial parent.

The Indiana Parenting Time Guidelines establish recommended minimum schedules involving weekends, holidays, school breaks and summer vacations. The guidelines are intended to support frequent and meaningful contact between children and both parents whenever appropriate.

The guidelines also address important practical issues such as transportation responsibilities, communication between parents, makeup parenting time and age-appropriate schedules for infants, younger children and teenagers. These details often play a major role in reducing confusion and future conflict between households.

Although the guidelines provide a standard structure, they are not mandatory in every case. Some Indianapolis families may need customized schedules that better accommodate work obligations, transportation issues, school activities or a child’s unique needs. Parents can negotiate parenting plans that differ from the standard schedule if the arrangement serves the child’s best interests.

At Bernhardt Phillips, we help parents create parenting plans that balance stability, flexibility and meaningful family relationships. When disputes arise, our attorneys are prepared to present persuasive evidence supporting a schedule that works for your family.

What Are The Indianapolis Custody Rights For Unmarried Parents?

Custody disputes involving unmarried parents follow different legal rules than divorce cases under Indiana law. When a child is born outside of marriage, the mother generally has sole legal and physical custody unless paternity has been formally established.

For unmarried fathers, establishing paternity is often the first step toward pursuing custody rights and parenting time. Parentage may be established voluntarily through a paternity affidavit or through a court process involving genetic testing and legal findings.

Once paternity is established, a father may petition for parenting time, custody or participation in major decisions involving the child’s education, medical care and upbringing. Indiana courts still apply the “best interests of the child” standard when evaluating these requests.

These cases often involve disputes regarding parenting schedules, child support, relocation issues and communication between households. Without clear court orders, misunderstandings and conflict can quickly escalate.

The Indianapolis child custody attorneys at Bernhardt Phillips understand how emotionally difficult custody matters can become for unmarried parents. We explain your rights clearly, help you understand Indiana family law procedures and pursue practical solutions focused on protecting your relationship with your child.

Frequently Asked Questions About Child Custody In Indiana

Child custody cases can be complex and emotional. Below are answers to common questions about custody laws in Indiana to help parents better understand their rights and options.

What is the difference between legal custody and physical custody in Indiana?

Legal custody refers to a parent’s authority to make important decisions about a child’s upbringing, such as education, medical care and religious practices. Physical custody, on the other hand, determines where the child primarily resides. One parent may have sole legal and physical custody, or both parents may share custody under a joint arrangement.

How does the court determine the best interests of the child in custody cases?

Indiana courts consider several factors outlined in Indiana Code 31-14-13-2 to decide what custody arrangement best serves the child’s well-being. These factors include the child’s relationship with each parent, their home and school environment, the mental and physical health of all involved parties and any history of domestic violence. The court evaluates these factors to create a stable and supportive custody arrangement.

Can a child’s preference influence custody decisions in Indiana?

Yes, the court may consider the child’s wishes, but the weight given to those wishes increases if the child is at least 14 years old. The judge will assess the child’s maturity and reasoning when evaluating their preference.

How can a de facto custodian affect custody proceedings?

A de facto custodian is someone who has provided primary care and financial support for a child over an extended period. If the court finds that a child has been cared for by a de facto custodian, the custodian may be granted legal rights, including custody or visitation, depending on the circumstances.

Can grandparents or other relatives obtain custody or visitation rights in Indiana?

In some cases, grandparents or other relatives may seek custody or visitation rights if it is in the child’s best interest. Indiana law allows grandparents to request visitation if the child’s parent is deceased, divorced or was never married to the other parent.

Contact Us Today

At trial, it will be your responsibility to present evidence related to these factors to the court so that the court can make a proper determination of custody. The custody lawyers at Bernhardt Phillips, LLP, are skilled litigators who will help you prepare and present your case in the best possible manner. If you have questions about your custody case, then schedule your free consultation today.