Custody

Child custody, support, and parenting time decisions are some of the most important aspects of a divorce proceeding for individuals with children. The family law attorneys at Bingham McHale have successfully handled thousands of custody cases. We can help everyone involved determine what is in the best interest of the child or children involved, taking into account the rights of all parties to a divorce.

Custody is almost always the most difficult and emotional component of a divorce in Indiana. It is a litigated issue, and the resulting decision is made by a judge, as an impersonal third party to your divorce. In Indiana, both parents are presumed to have an equal opportunity to gain custody. There are many factors that can influence the decision about custody, and in Indiana child custody matters, the Court ultimately determines custody based on what it believes to be the best interests of the children.

Indiana follows Child Support Guidelines to determine support payments. The Indiana Child Support Guidelines were drafted with the intent to minimize disputes over child support by making support payments less discretionary. Support payments are calculated by considering factors such as income, expenses, the number of children, and the custody arrangement. However, there are numerous reasons to request a deviation from the Child Support Guidelines, so determining the appropriate amount of support is not always clear cut. This is especially true when one or both of the parties have sizable assets. To ensure that you are receiving what your children deserve, or not paying more than you need to, it is essential to have counsel experienced in child support litigation. For more information on the Indiana Child Support Guidelines, please see "A brief survey of the new amendments to the Indiana Child Support Rules & Guidelines."

Our experience and success rate applies to the most complex custody and support matters. Often, we will deal with one parent crossing jurisdictional lines, potentially complicating custody and support issues. All custody and support cases require skill, effort and dedication beyond what is necessary in the scope of an average divorce. Determining custody, parenting time, and child support in Indiana Courts is a painstaking process, resulting in emotional turmoil. We can help. Contact a member of the Private Client Group to learn how we can assist you in this process.

Contact: James Reed, jreed@binghammchale.com