South Bend Child Custody Lawyer

The fear of losing a strong relationship with your children can make a divorce and the resulting child custody deliberations very stressful. I am attorney Laura Longstreet, the founder of Longstreet Law LLC in South Bend, and I know that the prospect of custody deliberations can be the most fearful and emotional aspect of divorce for both parents and children.

At stake is both legal and physical custody, so having a strong legal ally is a must. I take a child-centered, best-interest approach to family law issues, including custody.

Individualized Service

At Longstreet Law LLC, I take the time necessary to find out about your situation and your parenting goals. I then customize my services to meet your needs. Depending on the aspects of your individual case, I can either mediate a custody agreement or, if needed, I can go to court to pursue custody of your child.

There are options for child custody in Indiana that include:

• Full custody
• Shared custody
• Visitation arrangements through a parenting plan

With a full custody arrangement, one parent is granted both legal and physical custody of the child, and they are responsible for all major decisions and the child’s primary residence. Shared custody, also known as joint custody, allows both parents to have a significant role in the child’s life, sharing legal and/or physical custody.

Meanwhile, the division of parenting time is determined by a parenting plan. Visitation arrangements, outlined in a parenting plan, detail the schedule and specifics of a noncustodial parent’s time with the child. This plan aims to foster a consistent and meaningful relationship with both parents.

What Is The Difference Between Legal And Physical Custody In Indiana?

Before discussing custody arrangements in more detail, it is important to understand the distinction between legal custody and physical custody under Indiana law. These two concepts address different aspects of parenting responsibility and are often addressed separately in custody orders.

Legal custody refers to a parent’s authority to make major decisions affecting a child’s life. These decisions typically involve education, medical care, religious upbringing and other long-term matters. Legal custody may be awarded solely to one parent or shared jointly between both parents, depending on what the court determines serves the child’s best interests.

Physical custody addresses where the child lives on a day-to-day basis and which parent is responsible for daily care. A parent with primary physical custody provides the child’s main residence, while the other parent usually receives parenting time through a structured schedule.

What Factors Do Indiana Family Courts Consider When Determining Child Custody?

When a court in Indiana must make a custody determination, its primary concern is the child’s best interests. A judge will evaluate a number of key factors when making a decision, including:

• The age and sex of the child
• The wishes of the child, if they are of sufficient age and maturity
• The wishes of the parents
• The child’s relationship with each parent, siblings and any other person who may profoundly affect the child’s best interests
• The child’s adjustment to home, community and school
• The mental and physical health of all individuals involved
• Evidence of domestic or family violence by either parent

This comprehensive assessment helps the court arrive at a decision that serves the child’s well-being above all else.

Can Your Child Choose Which Parent They Want To Live With?

Many parents ask whether their child can decide which parent to live with during a custody dispute. In Indiana, a child does not have the authority to make the final custody decision.

Indiana courts generally begin giving greater weight to a child’s preference once the child is 14 years of age or older. At that point, the judge may consider the child’s reasoning, maturity and understanding of the situation. Even then, the child’s preference is not final. The court will still evaluate whether that preference aligns with the child’s overall best interests.

Judges are cautious to avoid placing children in the middle of parental conflict. A child’s expressed wishes are evaluated carefully and privately, often through court-appointed professionals, to reduce emotional pressure and preserve family relationships.

When Can You Modify A Child Custody Agreement In Indiana?

Child custody orders are not always permanent and can be modified if there is a substantial and continuing change in circumstances. A court will also consider whether the modification is in the best interests of the child. Some common reasons that may lead to a modification include:

• A significant change in a parent’s work schedule or location
• The relocation of a parent
• A change in the child’s needs, such as health or educational requirements
• Evidence of neglect or abuse by a parent

It is important to understand that the court will not grant a modification lightly and requires a demonstration of a significant change.

Creating Possibilities

I am a lawyer with genuine concern for my community. Dedicated to serving the greater St. Joseph County area, I provide legal advice to both mothers and fathers desiring custody of their children. I also serve as a guardian ad litem, which allows me to advocate for a child’s best interests in legal proceedings.

I am experienced in helping families develop parenting plans that promote the child’s relationship with both parents. If there is a disagreement between parents about parenting time, my family law firm will fight hard to defend your right to custody of your children.

What Are The Benefits Of Working With A Guardian Ad Litem For Your Child Custody Case?

Before reviewing specific custody strategies, it helps to understand the role of a guardian ad litem in Indiana child custody cases. A guardian ad litem, often referred to as a GAL, is a trained attorney or qualified professional appointed by the court to represent the child’s best interests.

A GAL conducts independent investigations, which may include interviews with parents, children, teachers and medical providers. They may also review records and observe family interactions. The guardian ad litem then provides the court with objective findings and recommendations focused solely on the child’s well-being.

Contact Me Today

Get high-caliber legal service at an affordable price at my South Bend law firm. If you have concerns about divorce-related custody issues, I can assist you. I can serve families in both South Bend and Indianapolis. Give Longstreet Law LLC a call at 574-208-5982 or contact me online.