What to Expect in a Divorce With Children
Ryan M. GardnerRyan M. GardnerDivorce is especially complex when children are involved, and Indiana courts prioritize the best interests of the child above all else. Parents going through a divorce should understand how legal custody, parenting time, and child support are typically addressed.
Legal custody in Indiana refers to a parent’s authority to make major decisions for a child, specifically those related to a child’s education, healthcare, and religious upbringing. Courts often award joint legal custody when parents can communicate and cooperate effectively. However, if ongoing conflict, domestic violence, or inability to collaborate exists, the court may grant sole legal custody to one parent. The focus is not on parental preference, but on what arrangement best supports the child’s stability, welfare, and overall best interests.
Parenting time—also referred to as physical custody—determines where the child lives and how time is shared between parents. Indiana courts rely on the Indiana Parenting Time Guidelines as the standard framework for regular schedules, holidays, and school breaks. While the Guidelines are commonly followed, courts customize parenting plans to better serve the child’s needs. Like legal custody, the court’s number one prerogative is a child’s best interests.
Another issue that will arise in a divorce involving a child is child support. In Indiana, child support is calculated using the Child Support Guidelines. These guidelines consider both parents’ gross weekly incomes, overnight parenting time, health insurance costs, and work-related childcare expenses. Child support obligations are intended to ensure that a child is able to maintain a standard of living similar to what they would have experienced if the marriage continued. Child support generally continues until the child turns 19, though it may end earlier or be extended beyond 19 years in specific circumstances.
Divorce with children in Indiana requires careful planning and a child-centered approach. Understanding these core issues can help parents navigate the process more effectively and minimize disruption to their children’s lives.
