Child Custody

Child custody is always determined by what is in the best interests of the child. There are two types of custody, legal custody and physical custody. A legal custodian has the ability to make decisions for the child such as school, religious or medical issues. Often parents are granted joint legal custody of the child(ren). Physical custody refers to who the child(ren) will primarily live with. The noncustodial parent will be granted parenting time.

Parenting Time/Visitation

In Indiana, there is a presumption that parenting time will be granted in accordance with the Indiana parenting time guidelines, however there can always be deviations when it is in the best interests of the child. Deviations could include joint custody where the parents work out different timesharing arrangements, or supervised custody, when there are concerns about the ability of the non-custodial parent caring for the child alone. In Kentucky, some jurisdictions have visitation guidelines; frequently cases will be referred to mediation or a parenting time coordinator if the parties cannot agree on parenting time.

Step Parent Visitation

Typically only those who are related by blood can get court-ordered visitation with a child. However in some circumstances a step parent can be granted visitation with the child. These types of situations are when a step parent has raised the child as if he or she was their own, and, of course, it is in the best interests of the child.

Grandparent Visitation

In both Kentucky and Indiana, grandparents can petition the court for visitation with their grandchildren. The Court will grant this if it is in the best interests of the child(ren).

Modifications to Child Custody

After a custody order has been made, a Court typically does not like to see this disturbed for at least two years for purposes of maintaining stability in the lives of the children. However, if there is a substantial change in circumstances, a modification can be requested. Ultimately, any modification will be determined based on the best interests of the child(ren).

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Anna K. Murray & Associates, P.C.
607 Watt Street
Jeffersonville, IN 47130

Phone: 812-269-2095
Fax: 812-284-1113
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