Divorce Indiana Custody

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Procedures in Divorce Indiana Custody

As soon as a couple separates, they are engaged in child custody and visitation topics. The couple can draft short-term and long-term custody plans. If the couple fails to develop any such plan, the court executes some procedures regarding this issue.

Temporary Hearing

• After the initial divorce papers are filed, the family court schedules this hearing
• During this hearing, if the issue of custody is contested by the parents, then the court issues temporary orders
• These orders must be observed till the final divorce decree is granted by the court

• The court asks the partners seeking divorce to undergo mediation
• Mediation is a sort of ADR (Alternative Dispute Resolution)
• During mediation, a specifically trained third party tries to neutrally resolve the conflict
• Let us consider that the partners are successful in finding a solution to the custody dispute by means of mediation. Further, the spouses can mention a provision in the final divorce decree which clarifies that to resolve any custody (and/or visitation) conflicts that may arise in the future; mediation is mandatory

• Some couples seeking divorce cannot reach an agreement regarding custody even on completion of the previous 2 steps
• Then, the court issues orders for a custody evaluation
• An outside expert conducts this evaluation
• The court uses this evaluation to determine the best interests of the child

• The court takes into account the various factors set out by the law in determination of an arrangement that is in the best interests of the child

The court is bound to plan a custody arrangement that serves the best interests of the child. In this state, there is no assumption that favors either the father or the mother. The law has stated that the following factors must be considered by the court.

• Presence of any proof that a de facto custodian has taken care of the child
• Existence of any evidence that either parent has perpetrated family violence or a pattern of domestic violence
• The physical and mental health of all the persons involved in the child custody issue
• The adjustment of the child in the community, school and residence
• The interrelationship and interaction of the child along with the following
  • The father
  • The mother
  • All siblings
  • All individuals that considerably impact the best interests of the child
• The desires of the child (in case the child is minimum 14 years of age, this point assumes considerable significance)
• The wishes of the father and the mother
• The age and sex of the child

Let us assume that a court has detected that a child is in the custody of a de facto custodian. Consequently, the court makes this de facto custodian, a party in the child custody case. Further, if the court concludes that the best interests of the child can be attained by making the de facto custodian the future custodian, then the court issues the necessary orders.

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