Peoria Child Custody Lawyer
How can a mother lose custody of their child in Indiana?
A mother can lose custody of their child with the following factors:
Alcohol or Drug Abuser: A mother abusing drugs or alcohol while having
custody of a child is a way to lose custody of your child. Whether or
not the child is there is still a way to lose custody of your child.
Domestic Abuser: Abuse in front of the child will cause an investigation by the Indiana
Department of Child Services for neglect. Physical abuse even by a mother
is considered domestic violence. A mother can lose custody of their child
for being abusive towards the father.
Lack of Involvement: If the mother does not meet most of the child’s
basic needs, such as participating in the child’s life, the court
will most likely grant custody to the parent who has been meeting the
child’s needs consistently.
Poor Online Activities: In Indiana, if the mother is posting videos of
them endangering, or constantly trash-talking the other parent the mother
can lose custody.
- Against Father/Child Relationship: If the mother keeps trash-talking the
father even online or offline, she can still lose custody of the child.
What legal rights does a non-custodial parent have?
In Indiana, the legal rights that a non-custodial parent has is only having
certain visitation privileges; an example would be only being able to
see their child during specific weekends or certain times of a day. Non-custodial
parents are parents who don’t have primary custody of the child.
How Courts Determine Child Custody
One of the most delicate and emotionally difficult aspects of legal separation and
divorce is child custody. Parties must come to a mutual agreement on custody and
visitation. In the event that an arrangement cannot be agreed upon, the
parents must petition the court for custody.
When parents petition the court for custody, the court will make its determination
on the basis of the best interests of the child. In considering the child's
best interests, the court will look at the following factors:
- Parents' wishes
- Child's wishes
- Child's relationship with each of the parents
- Child's adjustment to home, school, and community
- Mental and physical health of all concerned
- Any history of domestic violence or threats of violence against the child
or another person
- Each parent's willingness to encourage a relationship with the other parent
- Whether each parent is a sex offender
- Whether each parent is in active military service
- Witness testimony - 3rd party evaluation
Family courts prefer to award joint legal custody to both parents. Joint
physical custody is determined either by agreement between the parents
or by order of the court. To determine whether joint custody is appropriate,
the family court will consider the best interests of the child and the
living accommodations of each parent. Parents who are awarded joint custody
must sign a Joint Parenting Agreement, which delineates each parent's
rights and responsibilities for the care of the child.
The Joint Parenting Agreement will contain a mediation clause, which requires
the parents to settle any disputes regarding the joint custody arrangement
through mediation. In this state, child custody may not be modified for
at least 2 years after the original custody order, unless the court is
convinced that the existing custody arrangement will endanger the child's
physical, mental, moral, or emotional health.
The Benefits Of Working With Our Legal Team
At McCall Law Offices, P.C., our experienced Peoria family law attorney
is well-versed in the laws that govern many complex issues that may complicate
family law cases. This is especially beneficial to clients who fear contentious courtroom
battles. You can turn to our firm for a legal team that is dedicated,
experienced, and results oriented. We have 10 years of experience with
a record of successful results for our clients. Go here to see our
case results. Attorney McCall's skills have been recognized through many awards,
- Avvo Superb Rating for family law and divorce
- Avvo Client's Choice Award in 2013
Super Lawyers® listing among
Rising StarsSM for 2 years in a row
- American Society of Legal Advocates listing among the Top 40 Under 40,
an honor bestowed on less than 2% of the lawyers in the U.S.
We Go the Extra Mile to Make You Feel Comfortable
Peoria divorce attorney at McCall Law Offices, P.C. can help you work toward an amicable solution
so you do not have to deal with the emotional hardships and financial
costs of contentious litigation. The approach used by our firm is not
aggressive or hostile -- we try to foster common ground where both parties
can openly discuss their concerns and remain cordial in chalking out a
parenting plan. Our Peoria child custody attorney has been a member of
the Board of Directors for the Center for Prevention of Abuse, which focuses
on victims in abusive relationships, children, education and rehabilitation
for abusers. We are well-poised to handle complex cases and antagonistic
attitudes effectively and swiftly.
It is best if couples agree to a custody arrangement without dragging the
matter to court. It can be quite emotionally draining to navigate the
process and options you must choose once you have filed your petition
in court. When the matter is handled in court, the court will make the
decisions for you -- from declaring who will be the custodial parent and
who will get physical and legal custody to outlining the terms of the
Our Peoria child custody attorney will fight for your parental rights.
You will definitely want to make decisions that are in the best interests
of your child or children. Let our knowledgeable Peoria family law attorney
help you make informed decisions that do not adversely affect your children
in the present or the future. We can also assist in matters of
child custody modifications.
Get honest and competent legal services and preserve the bright future
you envision for your children.
for high-quality legal representation for your child custody matter!