Can a child decide which parent they want to live with in Indiana?

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Although the state of Indiana doesn’t explicitly allow children to decide which parent they want to live with, the child’s wishes are taken into consideration once the child turns fourteen. However, just because the child wishes to live with one parent doesn’t mean the judge will grant that wish.

Where do I go to file for custody in Indiana?

To officially open your case, submit your forms to your county’s Circuit Court or Superior Court (whichever handles civil cases in your county). You can submit paper documents in person to the court clerk, but most counties prefer self-representing litigants to file electronically (called e-filing).

How much does a child support lawyer cost in Indiana?

A seasoned family law attorney will generally bill within the $100 to $500 per hour range, accounting for time billed by their associate lawyers on research and writing.

How do I find a pro bono lawyer in Indiana?

  1. Free Legal Answers – indiana.freelegalanswers.org.
  2. You Need a Lawyer – zeekbeek.com/inbar.
  3. Local Legal Service Providers – Indianalegalhelp.org.

How can a mother get full custody in Indiana?

  1. Any history of domestic abuse or neglect by either parent.
  2. The emotional, physical and medical needs of the child and each parent’s ability to meet these needs.
  3. The mental and physical health of each parent.

Do you have to pay child support if you have 50/50 custody in Indiana?

Indiana divorce courts might reduce or eliminate child support payments in Indiana when both parents care for children 50 percent of the time and earn roughly equivalent incomes. Indiana law deems parenting time to be equal when both parents each care for their children 182 overnights per year.

What rights does a father have in Indiana?

The fathers’ rights in Indiana include his rights to custody, whether legal and/or physical, and his rights to parenting time (visitation) with the child. Likewise, the father has responsibilities which include, but are not limited to, child support.

What are the child custody laws in Indiana?

In Indiana, a parent who doesn’t have physical custody of a child is still entitled to reasonable parenting time with the child, unless the court holds a hearing and decides that parenting time would endanger the child’s physical health or “significantly impair” (cause major harm) to his or her emotional development.

Who has custody of a child when the parents are not married in Indiana?

If unmarried parents sign the Paternity Affidavit form at the hospital, a section of the form allows them to agree to joint legal custody of the child. If they do not agree to joint legal custody, the mother will automatically have sole legal custody (but parents can still use the form to establish paternity).

How is child support calculated in Indiana?

In Indiana, child support is calculated based on two main factors: how much money each parent makes, and how much money each parent must spend on other obligations. The court will also factor in how much time each parent spends with the child, and what the child needs.

What is the average child support payment?

On the basic rate, if you’re paying for: one child, you’ll pay 12% of your gross weekly income. two children, you’ll pay 16% of your gross weekly income. three or more children, you’ll pay 19% of your gross weekly income.

Can parents agree to no child support Indiana?

It is against public policy and contrary to Indiana Law for the court to approve any agreement eliminating child support based upon promises in other areas. For example, a mother cannot tell the biological father of a child that she will waive child support if he promises to stay away from the child.

What is a pro bono lawyer?

To qualify for free legal assistance, a person must comply with a ‘means test’ (a maximum monthly or no income) and have a legal problem with merit. You will be referred to an attorney by the Legal Practice Council who will assist you free of charge (pro bono).

Who gives legal advice?

legal a lawyer who gives someone legal advice and represents them in a court of law.

Is there a website to ask lawyers questions?

ABA Free Legal Answers is a website on which you can submit your questions about civil (non-criminal) legal issues and receive answers from pro bono lawyers in your state. Legal questions are submitted online – all you need is an internet connection.

What are the 3 types of custody?

Learn the difference between legal custody, physical custody, sole custody, and joint custody.

Do you pay child support with joint custody?

Do you pay child support with joint custody? The short answer is: yes. Shared parenting arrangements that include joint physical custody do not negate child support obligations between parents. But there are many key factors that may affect the amount of child support owed.

At what age can a child refuse to see a parent in Indiana?

In Indiana, a child’s wishes regarding custody are not controlling until the child is at least 14 years old, to help minimize any undue influence from a parent.

What is average child support in Indiana?

The non-custodial parent’s income is 66.6% of the parent’s total combined income. Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation.

Does Indiana favor mothers in custody cases?

Although traditional views may have favored mothers, Indiana family law does not favor mothers over fathers. In most cases Courts will encourage joint custody, as the Court views that it is in the best interests of children to have both parents make these important decisions.

How long does a divorce take in Indiana?

How long does it take to get a divorce in Indiana? Typically, it takes at least 60 days before the court can finalize a divorce in Indiana. Once the divorce is filed, the court can issue temporary orders, but the actual divorce cannot be finalized until 60 days have passed from the date that the divorce was filed.

Is Indiana a mom state?

Indiana is a state that favors both parents equally. In the best interest of the child, meaningful relationships with both parents is the standard. In the eyes of the law, a married mother and father in Indiana start out with joint legal custody. Meaning, both parents share equal rights to their children.

What is considered an unfit parent in Indiana?

Factors Judges Use to Determine if a Parent is Unfit The safety, health, and welfare of the child. Evidence of a history of abuse or violence against the child, another child, the child’s other parent, or another romantic partner. A parent’s history of substance abuse, including drugs and alcohol.

How far can a parent move with joint custody in Indiana?

In Indiana, the law requires that non-custodial parents moving out of state also file a notice with the court about the planned relocation if the move is more than 20 miles from the other parent’s home AND requires a change in the child(ren)’s school.

How do I get full custody of my child?

Factors Considered for Granting Full Custody A parent looking to win full custody should be prepared to state clear reasons why joint custody would not serve the child’s best interests, such as if the other parent has issues with substance misuse or a history of leaving the child home alone for extended periods.

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