WHAT ARE PARENTAL RIGHTS IN INDIANA?
Parental rights in Indiana typically refer to parents' four distinct rights and responsibilities regarding their children's care and upbringing – custody and visitation, decision-making, financial support, and legal representation. The specific details and regulations surrounding parental rights can be found in relevant statutes, case law, and official resources provided by the Indiana government. However, here are some general definitions of these topics and how they relate to parental rights.
CUSTODY AND VISITATION
CUSTODY AND VISITATION
CUSTODY AND VISITATION
Parents have the right to seek custody of their children, which involves physical and legal responsibility for their care and upbringing. After a divorce, child custody can be shared jointly by both parents (joint custody) or granted solely to one parent (sole custody). Noncustodial parents generally have the right to visitation or parenting time with their children unless existing circumstances may endanger the child's well-being.
DECISION-MAKING
CUSTODY AND VISITATION
CUSTODY AND VISITATION
Parents have the right to make crucial decisions regarding their child's upbringing, including education, healthcare, religious practices, and extracurricular activities. In joint custody cases, both parents often share decision-making authority, while sole custody grants decision-making power to the custodial parent.
FINANCIAL SUPPORT
CUSTODY AND VISITATION
LEGAL REPRESENTATION
Parents are legally obligated to provide financial support for their children, irrespective of their marital status. Indiana child support is typically determined by the court and considers factors such as the parent's income, the child's needs, and the custody arrangement.
LEGAL REPRESENTATION
CUSTODY AND VISITATION
LEGAL REPRESENTATION
Parents have the right to seek legal representation in matters related to their parental rights, such as custody disputes or modifications of custody arrangements. An attorney can assist in navigating the legal processes and protecting the parents' interests.
WHAT IS THE DIFFERENCE BETWEEN LEGAL AND PHYSICAL CUSTODY IN INDIANA?
Legal and physical custody are two distinct concepts of parental rights in Indiana that relate to different aspects of a child's care and upbringing. When a parent is granted legal custody in Indiana, they have the right and responsibility to make important decisions about the child's upbringing, welfare, and significant life choices. It typically includes decisions related to education, healthcare, religious upbringing, and extracurricular activities. It's important to understand that legal custody can be granted solely to one parent (sole legal custody) or shared jointly by both parents (joint legal custody).
In contrast, physical custody (or parenting time) refers to where the child resides according to the parenting time schedule. It encompasses the child's day-to-day care, routine activities, and physical presence. The parent with physical custody is responsible for the child's immediate daily needs, including providing food, shelter, and direct supervision. Physical custody can also be granted to one parent (sole physical custody) or shared jointly by both parents (joint physical custody). In joint physical custody arrangements, the child spends significant time with both parents, and they may have an equal or shared schedule for the child's residential time.
Legal and physical custody are separate considerations in Indiana, and can be determined in mediation. For example, one parent may have sole physical custody, meaning the child primarily resides with them, but both parents may share joint legal custody, allowing them to make decisions together. The specific terms and arrangements of legal and physical custody can vary depending on each case's circumstances and the child's best interests, as determined through mutual agreement between the parents.
CUSTODIAL AND NONCUSTODIAL
The custodial parent is with whom a child lives more than 50% of the time. Likewise, the other parent is noncustodial and retains Indiana's parental rights and responsibilities.
PARENTING TIME AND VISITATION
A noncustodial parent has the right to schedule parenting time or visitation with their child. This promotes regular and meaningful contact between the parent and child, often in the child's best interest. Parenting time arrangements can be established through a mutual agreement between the parents in mediation.
INFORMATION ACCESS
Noncustodial parents have the right to access certain information about their children to stay informed about their well-being, progress, and any significant events or changes. This can include school and medical records, among other important documents.
FINANCIAL RESPONSIBILITY
In most cases, noncustodial parents are still obligated to support their children financially. This responsibility is typically fulfilled through the payment of child support, as determined by the Indiana Parenting Time Guidelines.
COMMUNICATION
Noncustodial parents have the right to maintain regular communication with their child. This includes phone calls, emails, video chats, or other means of communication, as agreed upon. Furthermore, the custodial parent should not unreasonably interfere with this communication unless there are legitimate reasons, such as concerns for the child's safety or well-being.
PARENTAL INVOLVEMENT
Noncustodial parents have the right to be involved in their child's life and to participate in their upbringing. This may include attending school functions, extracurricular activities, and other essential events in the child's life.
DECISION-MAKING
When a parent has sole custody, they have the legal authority to make important decisions regarding the child's upbringing. Furthermore, they may make decisions without consulting or obtaining consent from the noncustodial parent. However, when a noncustodial parent shares joint legal custody with a custodial parent, it is their parental right in Indiana to participate in any major decisions affecting the child's life. This could include matters related to education, healthcare, religious upbringing, and extracurricular activities.
In addition, courts may be more likely to consider a noncustodial parent's preference because they're more directly involved with the matter. For example, selecting the child's school may be a custodial parent's decision since the child lives with them more than 50% of the time. However, if the noncustodial parent cares for the child on weekends, then a court may permit them to have more say in which church or place of worship the child attends during the weekend. Every custody order is unique, as they're crafted to fit the needs of each specific situation.
LEGAL REPRESENTATION
It is a parental right in Indiana to secure legal representation in matters of child custody, visitation, and other related family law issues. This means that parents have the right to retain legal counsel, be represented by legal counsel in court, and have an attorney present for mediation, or settlement discussions.
PARENTING TIME
In Indiana, parents are encouraged to work together to develop a parenting time schedule through mediation or using the Indiana Parenting Time Guidelines. These guidelines consider "parenting time" to include not only physical time spent with the child but also telephone calls, written communication, and all electronic communications, such as email, texting, and FaceTime.
The Indiana parenting time guidelines differ depending on the age of the child. For example, a schedule for children over three years old and living near their noncustodial parent will include alternating weekends, one evening each week, and scheduled holidays and school breaks. For children over five, however, the parenting time schedule includes half of the summer vacation or half of the fall and spring break if the school runs year-round.
The parenting time guidelines also differ based on the distance between the custodial and noncustodial parent's homes. When the distance is considerable, children ages three and four may have four non-consecutive weeks during the year with the noncustodial parent, provided that the parent gives at least 60 days' notice of the particular week they'd like to have the child stay with them.
