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.
Who pays for lawyer fees for divorce in Indiana?
Indiana, like most states, follow the American Rule. This means each side pays for their own attorney’s fees. However, there are provisions under the Paternity and Divorce acts for the court to order one side to pay the other party’s legal fees.
Is Indiana a mother or father 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.
Do I need a divorce lawyer in Indiana?
While any party to a divorce in Indiana is not required to have legal representation, it is highly advised that you seek legal counsel. Finding the right attorney to guide you through the process is key.
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.
Does father have same rights as mother in Indiana?
Legal fathers have all of the same parental rights and responsibilities as the mother, including the right to seek custody or parenting time.
How long does 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.
Who gets the house in a divorce Indiana?
How will the court divide our property? The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.
How is alimony calculated in Indiana?
The duration of payments is determined by a judge in Indiana family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
What is average child support payment in Indiana?
The court estimates that the cost of raising one child is $1,000 a month. 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.
Who gets primary custody in Indiana?
Parents can share legal custody or one parent may have sole legal custody. A child’s best interests are at the heart of any custody decision in Indiana.
At what age in Indiana can a child decide which parent to live with?
When can my child decide which parent to live with? Until your child reaches the age of 18, the court will make a determination as to custody. However, at age 14, consideration is given to the child’s wishes by the court when making this determination.
Does it matter who files for divorce first in Indiana?
Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this.
Is Indiana a 50 50 state when it comes to divorce?
Indiana is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
Can you date while separated in Indiana?
To be sure, there are no laws in Indiana that prohibit the spouses from dating other people while their divorce case is underway.
What do judges look for in child custody cases?
The most basic part of the “best interests” standard is that custody decisions should serve the children’s health, safety, and welfare. Judges will look at whether one or both parents are able to handle a child’s special educational, medical, mental health, and other needs.
What is an unstable parent?
In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parent’s actions but also a home environment where abuse, neglect, or substance abuse is present.
How do you prove a parent is mentally unstable?
- A history of child abuse.
- A history of substance abuse.
- A history of domestic violence.
- The parent’s ability to make age-appropriate decisions for a child.
- The parent’s ability to communicate with a child.
- Psychiatric concerns.
- The parent’s living conditions.
Can I move out of state with my child without father’s permission Indiana?
In Indiana, the custodial parent must notify the non-custodial parent and the court prior to relocating with the minor children, whether it’s a move across the country or across the street.
How long does a father have to be absent to lose his rights in Indiana?
A custodial or non-custodial parent may be accused of abandoning or deserting a child if they are not in the child’s life. As per Indiana Code * 31-19-9-8(a)(1), the period of abandonment must last for at least six months immediately preceding the filing of a petition for adoption.
What is a putative father Indiana?
Indiana’s Putative Father Registry is a database that maintains information from males that believe they may have fathered a child, and that child may be placed up for adoption.
Does adultery affect divorce in Indiana?
Adultery Laws in Indiana Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.
What is considered spousal abandonment in Indiana?
Abandonment; forfeiture of rights to estate or trust. Sec. 15. If a person shall abandon his or her spouse without just cause, he or she shall take no part of his or her estate or trust.
Can a spouse kick you out of the house in Indiana?
One can move out while the divorce underway, with or without the permission of the other spouse or by agreement formalized through the court. However, the relocating spouse may have a difficult time regaining possession of the marital residence during the divorce.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.