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Trusted Lafayette Child Custody Attorneys

Deciding the future of your children is the most significant challenge you will face during a divorce or separation. When it comes to your children, nothing matters more than their safety, stability and future. At Luisa White Law, LLC, we understand that your children are your priority. Our founding partner, Luisa White, has dedicated her career to helping families in Lafayette and Tippecanoe County navigate these emotional times with care and strong legal support.

Our child custody attorneys bring a compassionate yet firm approach to every case. You deserve to have your voice heard and your concerns addressed, whether in discussions or in court. We work closely with you to protect your rights as a parent while striving to create a stable and healthy environment for your children.

What Are The Different Types Of Custody In Indiana?

Whether you are going through a divorce or dealing with a paternity case, our child custody attorneys will help you understand your options. In Indiana, the law divides custody into two main types:

  • Legal custody: This gives a parent the right to make important decisions about their child’s life, including education, healthcare, and religious upbringing. Parents who can work together for their child’s benefit often share joint legal custody. However, one parent may receive sole legal custody if the court finds the parents cannot communicate effectively.
  • Physical custody: This determines where the child actually lives. When a child spends most of their time with one parent, that parent has primary physical custody. The other parent typically receives parenting time following a specific schedule. Sometimes parents share joint physical custody, where the child divides their time more equally between both homes.

Joint vs. Sole Custody Arrangements

Understanding the difference between joint and sole custody helps you plan for your family’s future. Joint legal custody means both parents share decision-making responsibilities for major aspects of the child’s life. This arrangement works well when parents can communicate respectfully and put their child’s needs first. Sole legal custody gives one parent the authority to make these important decisions without consulting the other parent. Courts may order this arrangement when parents have a history of conflict, communication problems, or when one parent has been absent from the child’s life.

For physical custody, joint arrangements allow children to maintain strong bonds with both parents. However, this requires parents to live relatively close to each other and coordinate schedules around school and activities. Sole physical custody provides more stability in one home while still allowing the non-custodial parent meaningful time with the child

These joint vs. sole custody arrangements are often worked out ahead of time through discussions and mediation. We can help you figure out which arrangement makes the most sense for your family’s unique schedule and needs. Our family law attorneys aim to create clear, lasting agreements that help prevent future disagreements.

How Does The Court Determine The Best Interests Of The Child In Indiana?

In any family law case involving custody, the court will evaluate several factors to determine the best outcome for the child. These factors include:

  • Your child’s age and developmental needs
  • Their relationships with each parent, siblings and other important individuals in their life
  • A child’s home environment, school setting and broader community
  • The extent to which each parent has provided day-to-day care and stability for the child
  • The physical and emotional health of both parents and the child
  • Any history of domestic abuse or substance abuse

In some cases, the court may appoint a guardian ad litem. This person acts as a neutral representative for the child. The guardian ad litem will investigate the situation and recommend what they believe is in the child’s best interest. Our child custody lawyers have extensive experience working with guardians ad litem. We handle complex cases involving guardians ad litem, as well as Child in Need of Services (CHINS) petitions, always with the care and sensitivity these situations require.

The Indiana Custody Process

The custody process in Indiana follows specific steps designed to protect your child’s interests. Understanding what to expect can help reduce stress during this challenging time:

  1. Filing a Petition: The process usually begins when one parent files a petition with the court, asking for a custody order. This can happen as part of a divorce case or a separate paternity action.
  2. Temporary Orders: Sometimes, the court will issue temporary orders early in the case to establish who the child lives with and how parenting time will be shared while the main case is ongoing.
  3. Discovery: Both parents exchange information, such as financial documents and other details relevant to the child’s well-being.
  4. Mediation: In most Indiana custody cases, parents are required to attend mediation. A neutral third party (the mediator) helps parents discuss their differences and try to reach an agreement outside of court. This often leads to a settlement that works for everyone.
  5. Court Hearings/Trial: If parents cannot agree through mediation, the case may go to court. A judge will then hear evidence from both sides and make a final decision about custody and parenting time.

Throughout this process, the court focuses on protecting the child’s welfare. Judges consider each family’s unique circumstances rather than applying a one-size-fits-all approach. Our attorneys guide you through each stage, preparing you for what comes next and advocating for your parental rights.

Indiana Parenting Time Guidelines

Indiana has Parenting Time Guidelines that courts commonly use as a starting point for parenting time schedules. These guidelines are meant to support frequent, meaningful contact with both parents when it is safe and in the child’s best interests.

Parenting time schedules can vary based on the child’s age, school schedule, distance between homes, and other real-life factors. The guidelines also address issues like holidays, summer breaks, and transportation. When a standard schedule does not fit your family, we can help you request a plan that better matches your child’s needs and your household routine.

Speak With A Lafayette Custody Lawyer

At Luisa White Law, LLC, we help families resolve custody matters with empathy and professionalism. To schedule an appointment, you can call our office at 765-239-5695. You can also send us a message through our website. All inquiries are strictly confidential.