If you are going through a divorce and have children, you and your soon-to-be ex-spouse are going to have to think about child custody. Coming up with an out-of-court solution may make sense, as judges tend to defer to these. Still, if you and your husband or wife cannot agree, a judge might have to decide for you.
Like those in other places, Indiana judges have a legal obligation to consider the best interests of the children when making custody-associated decisions. How does a judge you have never met know what is best for your kids, though?
A multi-factor approach
According to Indiana law, judges begin with the premise that it is typically in the best interests of kids to have continuing, meaningful and frequent contact with both parents. Then, to determine what custody arrangement is best for the children, judges take a multi-factor approach.
Among others, the factors judges consider include the following:
- The age and sex of the child
- The wishes of the parents
- The wishes of the child
- The relationship the child has with each parent
- The adjustment of the child to his or her environment
- Any other relevant information
Your legal strategy
To improve your odds of receiving the custody arrangement you want, it probably makes sense to work through all of the relevant factors. When doing so, prepare arguments about why your custody proposal is better for your kids than your soon-to-be ex-spouse’s proposed arrangement.
Ultimately, by understanding the factors judges consider when making custody-related orders, you can identify the strong and weak spots in your legal strategy.
