Indiana Divorce Custody
Across the vast expanse of USA, child custody guidelines are mostly same, except some slight variations across the states. Indiana divorce custody guidelines give the top most priority to the best interests of the child and is totally gender neutral. Meaning, child custody is awarded to the parent who fits the bracket in the eyes of the judge handling the divorce custody case in Indiana. Following are the general factors which are considered while deciding the matter of child custody in Indiana:
Judges look at all these maters while deciding upon Indian divorce custody cases. In children above the age of 14, judges are seen finding the interests of the child and their parental preferences.
- Stress is laid on joint custody of the child in question, while Indiana divorce cases are dealt with. This is to ensure that both the divorced parents are involved in the nurturing of the child despite of their myriad differences. Unless one parent is found to be indulging in abuse, or is an alcoholic etc, joint child custody is the most common option for the judges. In cases where one parent is unfit and can not raise the child at all, sole custody is awarded to the other parent.
- Most of the courts in Indiana give due importance to the age and sex of the child in the divorce custody case. In case of toddlers and infants, child custody is generally awarded to the mother unless the father presents a strong case detailing the incapability of the mother in raising up of the child.
- What are the basic wishes of the child regarding custody? Which parent does the child think of when he want emotional succor?
Child support is to be given till the child becomes 18 years old and can be terminated if the child is emancipated as he/she may have joined the United States Armed Forces.
- Courts also try to assess the relationship of the child with his/her other siblings, friends, and community so as to determine the best option while ruling in Indian divorce custody cases. It is generally felt that the parent who can enable the child to continue in the present community stands a higher chance of winning the custody battle.
- Are the parents of the child physically and emotionally capable of raising up the child? This is an important mater that the courts ponders over while awarding child custody in Indiana. In fact, divorcing parents can contest on the custody issue if they can prove that the ex-spouse is suffering from any physical illness or mental ailment and can not take care of the child at all.
- Safety and security of the child is a top most priority for the judges. Most of Indian divorce custody issues revolve around issues of family violence or domestic brutality, abuse, neglect and other related matters which may have police records. The child may or may not be the witness of the violence or maybe the subject of one, yet a reported history of violence in the family becomes a major issue while awarding child custody in Indiana.
- Indiana divorce custody battles stress a lot on non-parent parties also. If the child is found to be have been in the custody of an adult (maybe a grandfather, grandmother, uncle or aunt) for some time before or during the divorce proceedings and has been found to have developed a special bonding. Judges often consider such de facto parents during child custody discussions and give significant importance to their opinions in the child custody matter.
- Child support ought to be provided by the parent for the educational, health, religious needs of the child. This is ordered by the courts while giving the final verdict in Indiana divorce custody cases.
In Indiana courts, the amount of child support to be provided by the non-custodian parent depends on the financial capacity of the custodian parent also. The mental abilities of the child and his/her educational needs are also taken into consideration for arriving at a child support figure in Indiana divorce custody cases.
Hence, a whole gamut of child custody rights are considered so that the best interests of the child are not compromised. The benefits of a happy family and a pleasant home atmosphere should be provided to the child.