Protecting What Matters Most
Last updated on August 19, 2024
When parents divorce or unmarried parents split up, the most important issues they face involve the care and well-being of their children.
At Adolf Law Office, we understand how emotional child custody and support issues can be. Attorney Anthony T. Adolf will do everything in his power to protect your parental rights and the best interests of your children.
Resolving Child Custody Issues
Under Indiana child custody laws, child custody is broken down into two main categories:
- Physical custody: Where the child lives
- Legal custody: Who makes decisions about important aspects of the child’s life, including education, health care and religion
We work with our clients closely to help them develop custody orders and parenting time schedules that maximize their role in the child’s life while protecting the child’s interests. When disputes arise, we handle them with great care. We know how to negotiate in an amicable manner that encourages cooperation between parents. When strong litigation is necessary to protect our clients’ rights, however, we are always prepared.
Navigating Child Support Issues
While there is room to negotiate for child custody matters, child support comes down to a set of guidelines set forth by Indiana law. Factors that influence the amount of child support to be paid include:
- The number of children
- The income of each parent
- The standard of living the child enjoyed prior to the divorce or separation
- The child’s needs
We can guide you through all aspects of establishing initial child support orders as well as represent you in modification or enforcement issues that arise once a decree has been issued.
Frequently Asked Questions About Child Custody And Support
For the parents of minor children, issues of custody and support tend to take center stage during their divorce. Here are some of the questions we hear most often:
How does a judge determine child custody and visitation in Fort Wayne?
In Indiana, child custody and visitation are always based on whatever is found to be in “the best interest of the child.” Ideally, the court always hopes to keep both parents involved in their child’s life as much as possible.
Can I modify a child custody agreement if circumstances change?
Indiana Code Title § 31-17-2-21 states that custody cannot be modified unless it is 1) in the best interest of the child and 2) there has been a substantial change in one or more of the factors used to determine the best interests of the child.
How are child support agreements decided and enforced in Indiana?
Generally speaking, the court will calculate support based on the share of each parent’s income that would have been used for the child’s basic needs if the household were intact. Indiana law requires support to be paid by direct withholding from paychecks.
What factors do judges consider when determining a child’s best interests?
Indiana Code Title § 31-14-13-2 specifies that the court must consider a “checklist” of the following:
- The child’s age and gender
- Each parent’s wishes
- The wishes of the child, with more weight given to this factor if the child is 14 years of age or older
- The relationship dynamics between the child and each parent, their siblings and any other person that may affect the child’s best interests (such as extended family members, stepparents and stepsiblings)
- The child’s level of adjustment to their current living situation
- The mental and physical health of all involved
- Any evidence of familial violence
- Any evidence that the child has a “de facto” custodian (such as a grandparent)
It is important to realize that nothing that may affect a child’s well-being is “off the table” as far as the court is concerned. Judges are free to consider anything that is relevant to the issue.
We Can Help You Help Your Child. Call Today.
You want what is best for your child after a divorce or separation. We are here to help you make sure your goals come to fruition. To arrange a consultation with an experienced child custody attorney in Fort Wayne, contact our law office online or by telephone at 260-208-4112.