Not so long ago, there was a time when completely different rules were applied in the judicial system, which was followed during the divorce proceedings. The legal system involves the determination of custody of children according to the sex of the spouses. For example, preschool and primary children were under the care of the mother, and adolescent and until the age of majority children were awarded according to the gender of the parents, which meant that the boys stay with their fathers and the girls with their mothers.
However, to date, the judicial system and Indiana child custody laws follow different attitudes that are based on the interest and well-being of children, without regard to the gender of the parents.
With the prior agreement of the parents on how custody will be distributed between them, and who will assume the leading role in the child’s life, the spouses need to make sure that such an arrangement does not contradict the laws of the state of Indiana. In this regard, before preparing for the divorce process, parents should consider the following aspects, which relate directly to the distribution of the time of communication with the child, as well as the main provisions of guardianship.
Kinds of The Guardianship. The Difference and The Components of the Legal and Physical Tutelage of Children.
According to Indiana laws, the state has two types of child support after the divorce of spouses. The first type is legal custody. In this case, the guardian is given the right to solve legitimate issues in raising a child, such as:
- Choice of an educational institution (school, preschool institutions);
- Medical care, insurance;
- Providing out-of-school activities, hobby groups, hobbies of the child.
- The second type is the physical maintenance of the child, which includes the place of residence of the child, his food, clothing and other material necessities.
Under state law, one parent can have two types of guardianship at the same time, both physical and legal, but most often these responsibilities are divided equally between the parents. That is mean that one parent provides legal support for the child, while the other parent provides the child financially.
Visits and Joint Trusteeship. The Better Way for Wellness and Psychological Health of a Child.
When the court determines joint guardianship of children, this means that each parent has the same right to participate in the life of their child, as well as to make important decisions regarding the child’s health, physical and mental condition, study and entertainment. Joint custody also implies that each spouse has the right to have the child live with him. In this case, the decision on the residence of the child is made directly by the agreement of the former spouses.
A child can live permanently with one of the parents, or live with each of them periodically, provided that such a situation does not harm the physical or moral health of the child, and also his school performance.
If one spouse has only the right to visit a child, this means that he does not have the right to make important decisions regarding the legal or physical side of raising his child. If the court gives one of the spouses the reasons for a visit, it means that he has the right to spend some time together with the child under certain conditions. Often the conditions and time are determined by the court during the divorce proceedings of the spouses.
The Main Provisions That Have the Influence in The Definition of Guardianship
Indiana’s laws provide the best for children whose parents go through a divorce process. State laws are approved to ensure the best conditions for the development and moral health of children so that the parents’ divorce would be as easy as possible experienced by children of different ages. In the state, there is a certain list of factors on which judges rely on the consideration of a divorce case, as well as in determining guardianship. These factors include:
- Gender of the child;
- The attitude between the child and his parents, and the child’s inclination towards – one of them;
- The desire of the parents to be a trustee of the child;
- Feelings of the child when he stays at school and home;
- Features of the health of the spouses, as well as the child;
- Data on domestic violence from extraneous persons or family themselves.
Determination of the Temporary Maintenance of the Child During the Divorcement Process
In the case that the spouses live separately during the divorce proceedings, they are obliged, according to Indiana law, to agree on temporary custody of their child. This agreement may be concluded in person between the spouses by consensus, or in court, according to the decision of the judge. Such an arrangement has no influence on the final decision of the judge at the closure of the divorce proceedings.
What Does a Parenting Plan Is and Why the Spouses Need It?
According to Indiana divorce law, spouses must jointly draw up a plan according to which critical decisions will be made regarding the upbringing of their joint child. Such a program should usually provide for the comfort of the child, as well as each spouse. It must include the distribution of responsibilities according to the rights of each parent to raise the child, which are determined by the court. The primary goal of the parenting plan is the comfort of the child and the consideration of all the necessary aspects for his full development and functioning.
The plan of the upbringing often relies on such items with a detailed schedule of time and dates for each event:
- The period of communication of each spouse with a child;
- Discussion of former spouses, as well as time for making joint decisions regarding the upbringing of the child;
- The distribution of time during the child holidays and vacations, as well as the holidays and leaves of the spouses;
- The cost of maintenance and hobbies of the child;
- Costs of transportation services.
What to Look for During Drawing Up a Parenting Plan
Key points of the plan must comply with the Indiana child Guardianship law. This law contains the main provisions on teaching, as well as recommendations for spouses who are going through the divorcement process.
Controversial Situations and Ways to Solve Them According to Indiana’s Laws On Divorce and Tutelage
The divorcement process is a morally tricky matter for each family member, both spouses, and their joint children. Because the question concerns the dissolution of former relationships, the emotional component can seriously harm the divorcement process. People whose feelings have been hurt cannot control their own emotions succumbing to anger and irritation in the presence of their spouse.
Based on such unstable emotional behavior, the divorce process may be delayed due to the emergence of controversial issues in which none of the spouses will want to make concessions. In such a situation each spouse has to remember that he is still a parent and is obliged, first of all, to think about the welfare of his child, as well as his moral and emotional health.
If parents do not reach an agreement, they should seek help from a third party. This can be a divorce lawyer or a mutual acquaintance who can help deal with the situation not giving in to emotions and finding a way out of the current dispute. An extreme option for spouses can be to appeal to the court with this dispute. However, there is a high probability that the judge will not decide on this dispute, but will direct the spouses to a lawyer or another mediator.
Parallel Guardianship or How Parents Have to Come to an Agreement
If the parents cannot agree among themselves on the methods of raising the child, or on his content, or if they fail to recognize in other aspects, Indiana laws provide for parallel guardianship. The provision of parallel custody offers for a limited number of contacts between the former spouses with each other. Such requirements prevent the emergence of new conflict situations between spouses and are valid until the spouses are able to feel the presence of each other adequately.
The Rigor of Control of the Decisions that Was Made According to the Laws of the State of Indiana and the Possibilities for its Adjustment
During the divorcement proceedings, parents should keep in mind that after the final decision of the judge, all the established restrictions and possibilities regarding the upbringing and guardianship of the child are not reversible.
The Indiana court system requires parents to fulfill the conditions on which an agreement was made and according to which the final decision was made. In this regard, the plan for the upbringing of joint children should be made taking into account all possible situations that may arise.
If one of the parents does not follow the plan or refuses to carry out his duties, which were determined for him in court, then the legal punishment provided for by state laws is waiting for him.
If the spouse does not agree with the decision, he has the right to sue to change some points in the plan. This option is much preferable for former spouses on the part of the law.
Unforeseen Relocation and Ways to Solve Such Difficulties
There are situations in which one of the spouses who have real teaching of the child (that means that the child lives with him, according to a court decision) wants to move.
Such situations are best to have been foreseen while concluding a plan for upbringing a child. However, what to do if the move was not included in the methods of the spouses? If this question is not agreed, the second spouse may be against moving.
The former spouse has the rights to sue the appeal and challenge the child’s relocation. This means that a rehearing will be held, where will be considered the all reasons for the move, and whether the movement will cause harm to the physical or emotional state of the child, as well as his academic performance.
The parent who wants to move will need to bring arguments and evidence in favor of the necessity of the relocation. Already by the decision of the judge, the relocation can be approved or prohibited. During such proceedings, it is also possible to make amendments to the parenting plan that was previously drawn up where according to the general agreement between the former spouses, a clause on the relocation of one of the parents may be included.
For avoid such situations, it is essential to foresee such circumstances in advance at the divorce process stage, add a clause according to which a provision for the possibility of moving the child with the direct guardian will be made.
Despite all the difficulties in the divorcement process, parents should remember that this period is difficult not only for them. This situation often remains in the memory as a rather painful period for the couple’s children. Because of this, the task of the parents is to soften this period for them and try to resolve their issues with a partner as peacefully and quickly as possible.