Apr 17

The process of determining child custody is legally

Under the umbrella of the law, parents have legal custody of their child without a court order. However, when parents divorce, seeking legal separation, or seek the formation of a father, the court must decide whom to vest legal custody. In the country can be a parent, both parents, or a third-party custodian. First and foremost is the determination of the best interests of the child. When parents cannot agree on custody arrangements, the Court must decide who will be awarded custody in accordance with various factors, but always chief among these factors is what is in the best interests of the child. Under i.c. 31-17-1-8 court must consider the following factors: age and sex of the child, the child’s parents’ wishes, desires children, with more weight given to the wishes of the child if the child is at least fourteen (14) years.

Interactions and links with child: parents, siblings, children and other relatives who may significantly affect the child’s best interests. Child adjustment child: home, school, and community. Mental and physical health of all individuals involved. Evidence of a pattern of violence in the family or a family with one parent. Evidence that the child has been cared for by a de facto custodian, and if the evidence is clear and convincing, the court must consider the factors described in Section 8.5 (b) of the Law on the de facto guardian.

To make this determination, courts often consider the introduction of qualified experts who are called to assess children and their families, in order to determine what is in the best interests of the child. This assessment is usually the result of one or both parties filed a motion with the court seeking the evaluation, but may be required by the court itself. However, judges often rely on their findings in their custody decisions.

There is no assumption that one sex or the other is more appropriate for the purpose of awarding custody parents. However, the law expressly states that one of the factors to be taken into account in deciding custody judge, the age and sex of the child. It seems impossible for the two factors to be considered in the traditional sense without favouring one sex over the other of the parents.

Change of custody needs evidence that there has been a substantial and continuing change in one or more legal factors to be considered in awarding custody, and that the previous ordinance does not make sense. This law also prohibits, taking into account factors that are known to exist at the time the original custody award. Only new facts are discovered can be introduced to force changes.