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Whether it is in the context of a divorce, two parents fighting for custody after a divorce, or paternity proceedings, the court must enter an order allocating legal custody, physical custody, and parenting time between the parents. Child custody lawyers have a critical role in this process.
The easiest way to modify child custody is by agreement. This occurs when the parties reach a mutual decision that changing custody from one parent to the other is in the best interests of the child.
To win a custody modification case, you must prove to the court that your child's wellbeing will substantially improve if the suggested changes are accepted. The outcome of the case will depend on what the court will consider to be in the child's best interest.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
Given the laws that govern the modification of parenting time in Indiana, a parent who seeks to make a modification will need to submit a petition to the court that presided over the original order.
Indiana courts tend to avoid sole custody decisions unless there are reasons for it such as: Abandonment. If one parent has abandoned the children by not showing up for custody or visitation, not calling or contacting them, or otherwise seeming to ignore the relationship, courts may order sole custody. Abuse.
If you want sole custody, you need to demonstrate that you are capable of providing a stable and nurturing environment for your child. This includes having a steady income, a safe and comfortable home, and a plan for your child's education and healthcare.