When parents divorce, they have several options available to them. They can cooperate with one another to settle custody matters privately. They might even agree to attend mediation to settle their disagreements about the allocation of parental rights and responsibilities.
Unfortunately, even with mediation, parents may find it difficult to agree on custody matters. If they don’t agree, then they may require the intervention of a family law judge. In a litigated family law case, a judge hears from both parents and possibly also the children in the family before making a decision about how to address the allocation of parental rights and responsibilities.
What can parents expect in a contested custody case?
Judges focus on the children’s needs, not the parents’ rights
Many people preparing for litigated custody matters worry about their rights as parents. They might do themselves a real disservice by making themselves the focal point in a custody matter instead of keeping the focus on their children.
Judges settling custody disputes have to focus on the best interests of the children. Usually, that means looking carefully at family circumstances. Judges consider the current division of parental responsibilities. They look at the relationships that the children have with each of their parents. They consider the stability of the adults and the preferences of older children.
The goal is ultimately to find a way to divide legal authority and parenting time in a manner that works well for the children. Most of the time, there is an assumption that keeping both parents as involved as possible is best for the children.
However, judges may deviate from that presumption in scenarios involving unusual considerations. If there is a history of neglect or abuse, that can affect the outcome of custody proceedings. Judges also consider personal issues, including substance abuse challenges and anger management concerns, when deciding who has more time with the children and who has authority over their lives.
In rare cases where shared custody might put the children in harm’s way, judges may decide to grant one parent sole custody or to limit one parent’s time with the children. Any parent trying to make allegations about the conduct or parenting abilities of the other usually needs documentation supporting their claims.
Learning more about the rules that influence custody determinations during litigated family law matters in Indiana may help parents develop a viable strategy. Parents with reasonable expectations and the right support may be able to push for custody arrangements that work well for them and their children.