Child Custody Lawyers – Valparaiso, IN.

Serving Portage, Westville, Hobart, Chesterton & All of Porter, Lake & LaPorte Counties

Going through a divorce when you share children together is much more complicated than other forms of divorce. Not only do you and your ex-spouse need to think about what benefits you, but you have to now think about what is right for your children.

Instead of facing this difficult time alone, or trying to work with an ex you might want nothing to do with, allow our child custody lawyers at Cioe & Wagenblast PC, to come to help your child custody situation. In addition to creating custody, support, and visitation orders, we can also assist with modifying custody and modifying support orders. Established in 1994, our Valparaiso  child custody lawyers believe we should be your 1st choice for legal counsel in all family law matters.

Understanding Physical & Legal Custody – Indiana Child Custody Law

Indiana State legislation recognizes two distinct forms of custody over a child: physical & legal, as well as full & partial. Both are important for your divorce proceedings and will heavily influence all of your lives going forward. Be sure you fully understand your child custody agreement and how it pertains to all forms of custody before you sign anything. Speak to your experienced family law attorneys at Cioe & Wagenblast PC, if you are uncertain. Our Valparaiso child custody attorneys will be happy to help.

The 4 definitions of Custody:

  • Physical: Determines where your child will live, go to school, and generally spend their time.
  • Legal: Determines how significant life decisions, like upbringing and medical care, are chosen and handled.
  • Full: You get final say in most decisions relative to your child, regardless of how the other parent feels, and your child lives with you and only you. The other parent must request visitation to see their child.
  • Shared: Your child will live with you and the other parents, determined by a parenting time schedule. Major life decisions will require input from the two of you, unless an emergency dictates otherwise.

Note: If you have shared physical custody but full legal custody of your child, your child may live with you during the weekdays but with your ex-spouse during the weekend. Despite this split time table, you will be the only one permitted to make difficult choices about their life and well being.

Types of Child Custody in Indiana

Child custody splits into 2 different categories, legal custody &  physical custody. Legal custody grants the custodian the right to make decisions for a child’s life; physical custody grants the custodian overnight care privileges for a child.

Legal custody lets a custodian make life choices for his or her child.  Legal custody lets a custodian choose the following:

  • If and when the child receives medical treatment
  • Where the child will go to school
  • What religion the child is affiliated with – if any

One parent can have sole legal custody of a child, where he or she makes all legal decisions; or both parents can split legal custody and work together to make legal decisions. However, physical custody is something different entirely.

Physical custody lets a custodian have overnight care privileges of a child. Physical custody is equated to a child living with the custodian. One parent can have sole physical custody, which means the child lives with the custodian, and the other parent only visits the child; or the parents can split physical custody, where the child lives with both parents.

A custodian cannot have legal custody of a child if he or she does not have physical custody, but a custodian can have physical custody of a child without having legal custody.

If you are seeking child custody in the NW Indiana area, then contact Cioe & Wagenblast PC, today to schedule your free consultation.

How We Can Help You & Your Family

Facing a legal issue? Contact us now at (219) 477-6490.

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