Parents Must Be in Agreement During a Divorce
Divorce is never an easy situation. Divorce can be unsettling and stressful, especially when there are children involved. If the children are not handled gently throughout the divorce process, this can have adverse and long-lasting effects. In some instances, the parents may have never married, but lived together with their children for a long time.
It is best if both parents agree to the child’s placement (s) and show flexibility with visitation rights for the other parent. Child custody disputes may never disappear, even long after the divorce is finalized, especially when angry disputes arise regarding who gets direct ownership of the children.
It is to the child’s benefit (s) when parents agree about the child’s welfare (s). Anger is never a good idea and never benefits the child (s). During a divorce, child custody can cause a lot of turmoil. However, there are instances where one parent has severe physical or mental issues, and they cannot claim primary custody.
It is not in the child’s best interest to live with this parent or have extended visitation rights awarded. Sometimes the court may allow short visitations to the noncustodial parent, but only under close supervision if the child’s welfare is at stake.
It is best if parents can agree on their children’s welfare, but we realize that not every case is agreeable. If parents cannot do this agreeably, a litigation process to help settle child custody disputes may be the only option. Know that a litigation process,
- It takes time.
- It is highly emotional.
- It is expensive.
Responsible parents always put their children’s best interests ahead of their own, because there should be nothing more important than the child. Most parents like to make their children feel safe, secure and to give them all they can in their family life and material possessions.
Seasoned child custody attorneys help protect your rights as a parent while meeting the child’s best interest. While child custody laws may differ somewhat from state to state, most are similar, such as found in Indiana’s child custody laws. The child’s welfare and desires are first and foremost in any custody battle.
Parents who reside in Indiana must know the Indiana Parenting Time Guidelines created by the Indiana Supreme Court. These guidelines are updated from time to time. These guidelines are what the court system refers to when parents cannot agree on essential issues such as the welfare of the children.
Child Custody Rights in the State of Indiana
- The right to make long-term decisions such as the child’s education and health care.
- The parent residing with the child must be able to make sound and practical decisions.
- Even though parents may eventually share custody of the child (s), one parent must be considered the custodial parent, meaning that the child spends most of their time with that parent. The other parent is known as a noncustodial parent.
- Parents have the right to make placement decisions. However, if parents cannot decide and settle their dispute, there is no option but to leave this decision up to the judge.
- Parents have the right to verbalize their feelings.
- Parents have the right to testimony by supporters such as family, friends, and medical professionals who know the parent.
- Parents must draw up individual childcare plans. This plan involves whom the children live with, holidays, family vacations, school vacations, days, and length of time the child can stay with the noncustodial parent. This plan becomes part of the court record and can change as situations change.
- Parents have the right to decide on education, in-school and out-of-school activities, transportation, and more.
- Neither parent has more rights than the other, and it is to the benefit of all concerned to be agreeable, cooperative, and flexible.
It is the right of each parent not to play the child against the other parent or to manipulate the child (s). Doing these things only puts the parent in a negative state with the court. Never vent any anger, hostile feelings, or bitterness towards the other parent in front of the children.
A Call to Action for Child Custody Rights in Indiana
Never design or structure a divorce without the help of a seasoned divorce/family law attorney. Representing yourself may not bring you the results you are looking for, and you risk your children’s future. The judge may decide for you who has the best interest of the child (s).
These seasoned Indiana Child Custody Lawyers work hard to ensure all your child’s best interests are met. These attorneys adhere to Indiana’s Child Custody Rights to ensure your divorce settlement is fair and equitable and the child’s desires are met if at all possible.
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