Indiana state courts will determine custody according to what is in the best interest of the child, not what is best for either parent.

When determining the best interest of the child Indiana will consider factors including:

• (1) The age and sex of the child.
• (2) The wishes of the child’s parent or parents.
• (3) The wishes of the child, with more consideration given to the child’s wishes if they are
• at least fourteen (14) years of age.
• (4) The interaction and interrelationship of the child with:
• (A) The parent or parents;
• (B) The sibling; and(
• (C) Any other person who may significantly affect the child’s best interests.
• (5) The child’s adjustment to:
• (A) Home;
• (B) School; and
• (C) Community.
• (6) The mental and physical health of all individuals involved.
• (7) Evidence of a pattern of domestic or family violence by either parent.
• (8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of chapter 2. Actions for Child Custody and Modification of Child Custody Orders.

These factors are taking from 31-17-2-8 of the Indiana Code.

Indiana courts may also determine joint legal custody to be in the best interest of the child.

Joint legal can be defined as both parents make decisions regarding the child’s care and welfare. These decisions include, religious belief, medical care, education and everyday care decisions.

Indiana state laws when awarding joint legal to both parents do not automatically award joint physical, they are two separate objectives.

When physical custody is awarded to a parent that means the right to have the children live with them.

Joint legal custody factors considered by Indiana state court besides both parents agreeing include:

• 1) The fitness and suitability of each of the persons;
• 2) Whether the persons are willing and able to communicate and cooperate in advancing the child’s welfare;
• 3) The wishes of the child, with more consideration given to the child’s wishes if they are at least fourteen (14) years of age; and
• 4) whether the child has established a close and beneficial relationship with both of the persons awarded;
• 5) whether the persons awarded joint custody:
• (A) Live in close proximity to each other; and
• (B) Plan to continue to do so; and
• 6) the nature of the physical and emotional environment in the home of each of the persons involved.

These factors are taken from 31-17-2-15 of the Indiana Code.

The obvious benefit to joint physical is the child will spend more time with each parent. Also everyone can also benefit by no tug of war battles, the minor receives more normal time with the parent, and it’s not “visiting”. He or she may also feel less loss by living part time with both parents.

There are also disadvantages to joint physical. Many times unless there is a strict schedule a minor is bounced around losing the ability to “belong” somewhere. He or she can feel like they are out of control without a base, plus it can be an added expense.

Parents who are more understanding to the needs of everyone involved and not just their own feelings and put what’s best for their kids in front of all conflicts will do better than parents fighting due to anger and resentment.

I bring up anger and resentment because when money and custody issues arise, inevitably disagreements arise between parents. Divorce and custody can be hell; the stories are true.

Get answers before (not after when its to late) regarding issues in a custody battle to devise the best plan for using Child Custody Laws In Indiana to your full advantage.

Connor Trautmann is impassioned regarding children and their well-being. The first step to winning child custody is to understand what is involved and needed to win custody of your child; it is not by picking the phone up and calling the first lawyer on the page. Discover how this child custody information System CHILD CUSTODY LAWS IN INDIANA can save you $2,500 in attorney fees… and help get full custody of your kids. CHILD CUSTODY LAWS IN INDIANA