Child Custody & Parenting Time
We Take Justice to Heart
Fortwayne Divorce Law understands how trying a divorce can become. We want to help you make the best choices, the right choices for you and the ones you love.
Through our online and in person services, we are committed to help you obtain the outcomes you want and need in order to move forward with your life plans and goals. Ideally, we would like to help you move through a peaceful and rational divorce process. Although this doesn’t always end up being the case, we will give you our very best so you can work towards a healthy, sustainable future.
Our priorities are your priorities.
When it Comes Time to Make Decisions About your Children
Perhaps the most difficult part of most divorce cases is the effect on the children involved and how custody arrangements are going to be made. We understand that this is a very sensitive area for parents who are seeking divorce and having the right information can at least alleviate some of the burden.
We will fight to protect the best interest of your children while remaining sensitive to the impact on you as the parent. Our goal is to minimize the emotional impact, as well as the financial impact on everyone involved.
Make the Most of Your Time
The time you get to spend with your child is invaluable and we are here to help you make the most of it. Leave the fuss to us so you can do more of what you love with those who need you most.
What is Conservatorship?
The legal term for having child custody is “conservatorship.” The adult with custody is known as the “conservatee,” and the child under conservatorship is called a “ward.” A conservatorship grants parental rights, such as making important decisions for the child, control over living arrangements, access to medical and educational records, receiving information about a child’s welfare, and consent to medical treatment.
Parents who are divorcing are allowed to design their own plan for conservatorship. However, in such cases where no agreement can be settled upon, a judge or jury will take over the matter. The court will move in the direction of the child’s best interest, even if the parents agree upon conservatorship. The parents must submit a written agreement to the court, which then will be either accepted or rejected, depending entirely upon the wellbeing of the child.
How Does the Court Decide?
The court looks at various factors:
Physical and emotional needs.
Potential or emotional dangers.
Household stability.
The ability to provide fundamental necessities (food, shelter, etc.).
Keeping siblings together.
Each child’s age and gender.
Each parent’s own mental and physical health.
The current school the children are attending, or the school system in proximity to each parent.
Potential repercussions of changing current routines.
Which parent has been the primary caregiver up to the point of separation.
Lifestyle choices of the parents (i.e. Heavy drinking/smoking).
Will the Court Favor One Parent Over the Other?
The preference is that the parents can be joint conservators, though this is not always the case. Even in such instances of joint-custody, certain rights may be awarded to only one parent. In many cases, only one parent is given the power to make any important decisions of their child. The cause of this decision can be for one or more reasons, including violent tendencies of the other parent, history of abuse, or criminal activities.
The court will also consider the preferences of the children, depending on age. Any history of reports of domestic violence and/or child abuse will also weigh heavily upon the court’s determination.
While the divorce proceedings are ongoing, the court may issue temporary custody orders. These orders may be finalized once the case has concluded. These orders will likely remain in place until each child has reached the age of 18. An appeal of these orders is possible, however.
Predicting how the judge will rule in any custody hearing is very difficult, but not impossible. For example, if one parent has a history of drug use, full custody is likely to be granted to the other parent. But in all cases, judges will rule on behalf of the best interests of the child, and likely lean in favor of the parent who has been the primary caregiver.
Is There a Difference Between Shared and Joint Custody?
Shared custody is when both parents are equal in their custody of each child, while joint custody simply refers to having some degree of custody, though one parent may have more time and control than the other. The courts typically prefer to allow for the best custody arrangements, working with both parents to come up with a plan that works best for everyone involved, particularly the child, giving both parents the ability to both be involved in all areas of the child’s upbringing.
However, there certain factors that can limit how involved each parent can be, such as distance from one another and any issues which may negatively affect the child’s schooling. Getting joint custody is not an automatic guarantee and must be requested. This agreement may also be modified, upon request, if circumstances change for either party.
What are my Rights as a Parent?
Each state has its own laws concerning what rights are given to parents, though in general, parent rights include the right to having full or joint custody and regular contact, the right to giving gifts or property to the child, or the right to controlling major decisions made on behalf of the child. These rights are generally shared between the parents, though separation and divorce will often cause limitations to be placed upon the parental rights of one or both parents.
In some instances, a court may move to alter a parent’s rights during or after a divorce. Changes may include visitation or support responsibilities. Though even if one parent is given primary care rights, both parents remain responsible for fulfilling the basic needs of their child.
Both parents may be given legal rights over a child, but final say may be granted to one of the two parents if both parents are unable to come to a compromise.
Complete loss of parental rights is not that common but is only reserved for the most extreme cases, such as in the event of abuse or neglect. Permanent termination of a parent’s rights will also eliminate the financial responsibilities of the parent.
What are my Legal Responsibilities?
If both parents are found to be equally fit, providing equal care, primary custody is more likely to be given to the parent who can provide a more stable environment. However, the primary goal of the judge will likely be to allow maximum access to both parents, if this remains healthy for the child.
Basic needs: Each parent must meet the basic needs of their child, in the way of housing, clothing, food, education, and medical care. There is a financial duty to support their children until the age of 18, or at least graduates from high school. In the case of special needs children, this duty may extend well into adulthood, as well.
Protection: Protecting the child physically and providing proper emotional care is always the responsibility of the legal conservator. Each parent must also protect their children from the other parent or other household members, if necessary.