Legal Question in Family Law in Indiana

Father's Rights Full Custody

I am wanting to know what the law is on custody of children. I have had a past of one domestic violence case in Indiana. I was told that a law was passed a year ago that there is noway I would ever get full custody because I was guilty of a domestic battery. Is that true? I understand I have to prove that I've changed to the courts but is that law true? That there is no possible way that I can get full custody because of my past?


Asked on 2/26/09, 10:27 am

1 Answer from Attorneys

Re: Father's Rights Full Custody

In Indiana, the court looks at all of the following factors pursuant to Indiana Code Ch. 31:

(1) The age and sex of the child.

(2) The wishes of the child�s parents.

(3) The wishes of the child, with more consideration given to the child�s wishes if the child is at least fourteen (14) years of age.

(4) The interaction and interrelationship of the child with: (A) the child�s parents; (B) the child�s siblings; and (C) any other person who may significantly affect the child�s best interest.

(5) The child�s adjustment to home, school, and community.

(6) The mental and physical health of all individuals involved.

(7) Evidence of a pattern of domestic or family violence by either parent.

(8) Evidence that the child has been cared for by a de facto custodian.

You need to hire an attorney to discuss all of these issues as well as the circumstance of the domestic battery.

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Answered on 2/26/09, 12:13 pm


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