A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
Indiana Stipulation Regarding Joint Custody of Children is a legal document that outlines the specific terms and conditions for parents who wish to share joint custody of their children after divorce or separation. This stipulation is based on Indiana state laws regarding child custody and aims to ensure the well-being and best interests of the children involved. Here is a detailed description of the Indiana Stipulation Regarding Joint Custody of Children, highlighting important keywords: 1. Types of Joint Custody: The Indiana Stipulation Regarding Joint Custody of Children recognizes two main types of joint custody arrangements: joint legal custody and joint physical custody. Joint legal custody allows both parents to make important decisions regarding the child's upbringing, including education, healthcare, religious practices, and extracurricular activities. Joint physical custody refers to the shared physical care and residence of the child, where they spend significant time with both parents. 2. Parenting Time: The stipulation emphasizes the importance of establishing a parenting time schedule that ensures regular and consistent contact between the child and both parents. It includes details on weekdays, weekends, holidays, vacations, and other important events or occasions. 3. Decision-Making Responsibilities: The stipulation identifies which decisions will be made jointly by both parents and provides clear guidelines for dispute resolution in case of disagreement. It may specify the process of communication and consultation necessary for major decisions, such as schooling, medical treatment, religious upbringing, and participation in extracurricular activities. 4. Child Support Obligations: The Indiana Stipulation Regarding Joint Custody of Children also considers child support arrangements. It discusses the financial obligations of each parent to ensure the child's well-being, including guidelines for calculating child support based on the state's guidelines and the parents' income. 5. Modification and Enforcement: The stipulation outlines the process for modifying the joint custody agreement in the future, as circumstances change or if there are parental disagreements. Additionally, it explains the potential consequences for violating the terms of the stipulation, highlighting the enforcement mechanisms available to ensure compliance. 6. Mediation and Dispute Resolution: Where applicable, the stipulation may encourage or require mediation as a means of resolving conflicts or disagreements between parents. It promotes collaborative decision-making and offers resources for seeking professional assistance or counseling for the parents and children involved. 7. In cases where domestic abuse or parental unfitness is a concern, the stipulation addresses those concerns and may include provisions to protect the child's safety and well-being, such as supervised visitation or restrictions on contact between the parties involved. 8. Unique Circumstances or Special Provisions: The Indiana Stipulation Regarding Joint Custody of Children may account for specific circumstances of the parents or child, such as parents living in different cities or states, a child's special needs, or any other relevant factors that require a tailored approach to joint custody arrangements. It is important to consult with a qualified family law attorney to understand the specific stipulations and requirements for joint custody in Indiana, as they can vary based on the individual case and the county where the divorce or custody proceedings take place.
