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Child Custody

Child Custody Lawyer in Indianapolis

Handling a child custody case can be both emotionally challenging and legally complex. However, with the right guidance and support, the process can feel more manageable. At Curlin & Clay Law, we are dedicated to guiding Indiana families through this process with professionalism and care. Whether you’re initiating a custody arrangement or modifying an existing one, our Indianapolis child custody attorney is here to help you understand your rights and make decisions in the best interests of your child.

Reliable Representation for Your Child Custody Case

Curlin & Clay Law is a family law firm dedicated to helping parents protect what matters most. We understand that custody cases carry real emotional weight, and we treat every client with the respect and care the moment deserves.

Our attorneys combine deep knowledge of Indiana family law with a practical, client-focused approach. We explain your rights, answer your questions honestly, and help you build your case. When a case calls for firm advocacy in court, we are fully prepared to stand up for you and your children.

Who We Help

Custody concerns come in many forms. We regularly assist parents in situations like these:

  • Parents going through a divorce who are worried about where the children will live, how often they will see them, and who gets to make major decisions.
  • Unmarried parents who need a formal court order for paternity, parenting time, decision-making, and child support.
  • Parents facing a broken or outdated parenting plan, whether the other parent is not following the current schedule, or life has changed and the old arrangement no longer fits.
  • Families dealing with relocation or distance, where one parent wants to move, or the parents already live far apart, and the current schedule no longer works for school, travel, or exchanges.
  • Parents who cannot reach an agreement on parenting time, school choice, healthcare, safety concerns, or what arrangement truly serves the child.

If your situation does not fit neatly into one of these categories, reach out anyway. We are happy to listen and point you in the right direction.

The Child Custody Process in Indiana

Indiana custody cases follow a general path, though the details vary from family to family. Understanding the basics can help you feel more confident about what lies ahead.

Types of Custody

Indiana law handles two distinct kinds of custody. They include:

Legal custody determines which parents have the right to make decisions about your child, such as education, healthcare, and religious upbringing. Parents may share this responsibility through joint legal custody, or one parent may hold sole legal custody.

Physical custody specifies who the child lives with and the day-to-day care they receive. One parent may serve as the primary physical custodian while the other follows a parenting time schedule, or the parents may share physical custody more equally.

Many families end up with a blend, such as joint legal custody paired with a primary physical custodian. Our Indianapolis child custody attorney will help you develop a parenting plan that works for your specific dynamic.

The Best Interests of the Child Standard

Indiana courts make custody decisions based on what serves the child’s best interests. Judges weigh several factors, including:

  • The age and wishes of the child
  • The child’s relationship with each parent
  • The child’s adjustment to home, school, and the local community
  • The mental and physical health of everyone
  • Any history of violence or potential safety concerns

The court’s focus stays on the child, not on rewarding or punishing a parent.

Filing and Establishing Custody

How a case begins depends on your circumstances:

  • For married parents, custody is decided as part of the divorce proceeding.
  • For unmarried parents, paternity must be established first. A father who signs a paternity affidavit confirms his legal status as the parent, but the mother holds sole custody until a court orders otherwise. Either parent can file a paternity case to establish custody, parenting time, and child support.

Building a Parenting Plan

A parenting plan sets out the practical details of co-parenting, including the regular schedule, holidays, exchanges, and how parents will communicate and resolve disagreements. Indiana also publishes the Indiana Parenting Time Guidelines, which courts use as a starting point when parents cannot agree on a schedule.

When parents reach an agreement, the court can review and approve it. When they cannot agree, the judge decides after considering the evidence and the best interests standard.

Mediation and Court Procedures

Many Indiana courts encourage or require mediation before a contested hearing. Mediation gives parents a chance to settle matters cooperatively, often saving time, money, and stress. If an agreement is not possible, the case proceeds to a hearing where each side presents evidence, and the court issues a custody order.

Modifying an Existing Order

Life changes, and custody orders can change, too. To modify an order, a parent generally must show a substantial change in circumstances and that the new arrangement serves the child’s best interests. Common reasons for a modification include a parent moving to a new state, a change in work schedules, or a shift in the child’s needs.

Why Choose Curlin & Clay Law

Choosing the right child custody attorney can shape the entire experience of your case. Here is what sets our firm apart:

  • Clear, jargon-free guidance. We explain your options in everyday language so you always understand your choices.
  • A focus on cooperation. Whenever it serves your family, we pursue mediation and negotiated solutions that lower conflict and protect your children from unnecessary stress.
  • Strong advocacy when it counts. If your case requires litigation, we prepare thoroughly and represent your interests with confidence in the courtroom.
  • Responsive communication. We keep you informed at every stage and make ourselves available to answer your questions.
  • A child-centered mindset. Every recommendation we make starts with one question: what is best for your child?

Our case process is built around you. We start with a consultation to learn your goals, then map out a strategy tailored to your situation. From paperwork and negotiations to court appearances, we stay by your side until the matter is resolved.

Talk With Curlin & Clay Law Today

Your relationship with your children is worth protecting, and you do not have to face the process alone. The Indianapolis child custody attorney at Curlin & Clay Law is ready to listen, answer your questions, and help you build an arrangement that supports your child’s well-being. Contact us today to schedule a consultation. Let us help you move forward with clarity and confidence.

Frequently Asked Questions

What is the difference between legal and physical custody in Indiana?

Legal custody is the right to make major decisions about your child, such as education and healthcare. Physical custody specifies where the child lives and who provides daily care. Parents can share either type or hold it solely, and many arrangements combine the two.

How does an Indiana court decide custody?

The court considers the best interests of the child. Judges consider factors such as the child’s age and wishes, the bond with each parent, the child’s adjustment to home and school, and any safety concerns. The focus stays on the child’s well-being.

Do mothers automatically get custody in Indiana?

No. Indiana courts do not favor one parent based on gender. Both parents start on equal footing, and the court will make a decision based on the child’s best interests. The one exception involves unmarried parents, where the mother holds sole custody until paternity is established and a court issues an order.

Can a custody order be changed later?

Yes. A parent can request a custody modification by showing a substantial change in circumstances and that the change serves the child’s best interests. Common reasons include relocation, a new work schedule, or a shift in the child’s needs.

What happens if the other parent will not follow the parenting plan?

You have many legal options. The court can enforce the existing order and address repeated violations. If you are dealing with a parent who ignores the schedule, an attorney can help you ask the court to step in and protect your parenting time.

How do unmarried parents establish custody?

Paternity must be established first, either through a paternity affidavit or a court case. Once paternity is confirmed, either parent can ask the court for custody, parenting time, and child support orders.

What if one parent wants to relocate with the child?

A parent who plans to move must follow Indiana’s notice requirements, and the other parent may object. The court then reviews whether the move serves the child’s best interests and whether the parenting schedule needs to change for school, travel, and exchanges.

How can I schedule a consultation with Curlin & Clay Law?

Simply reach out by phone or through our website. We will book a consultation to learn about your situation, explain your options, and help you decide on the best path forward for your family.

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