What are child custody and visitation rights?

In Indiana, child custody and visitation rights are the legal decisions made about the responsibility of a child between the parents, as well as how much time each parent should have with the child. Custody can be either physical or legal, and is decided by the court, depending on the best interests of the child. Physical custody means that the child will live with one parent, while the other parent will have visitation rights and access to the child. Legal custody means that the parents will make decisions together about the child’s upbringing, such as in the areas of religious upbringing, educational decisions, and medical decisions. Visitation rights are the rights that a parent who does not have physical custody has to spend time with the child. Visitation rights could be as frequent as every other weekend, or as seldom as one or two weeks a year. The court will decide the visitation rights based on the best interests of the child, while considering the circumstances of both parents. In Indiana, if the parents of a child cannot agree on child custody or visitation issues, the law provides that either parent can file a petition for custody or visitation. The court will then take a number of factors into account when determining what is in the best interests of the child, such as the parents’ ability to care for the child; the parents’ mental and physical health; the child’s relationship with each parent; the child’s preference; and the parents’ financial stability.

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