How does a court decide who gets custody of the children in a divorce?
When a court in Indiana is determining who gets custody of the children in a divorce, they take into consideration several factors. One of the most important factors is who has been the primary caretaker of the child or children. This may be the mother or father, or it could even be another family member who has been involved in the child’s life for a significant amount of time. The court will likely also consider the best interests of the child or children. This means looking at factors such as the wishes of the children, the mental and emotional health of each parent, and any history of drug or alcohol abuse. They may also consider the physical environment of each parent’s home and the likelihood of ongoing contact with extended family members. The court may also consider the age and gender of the child or children. For example, if the children are older, they may prefer to stay with the parent who has been the primary caretaker, while if they are younger, the court may determine that both parents should be involved in their lives. Ultimately, the court’s decision will be based on what is in the best interests of the child or children. The court may decide to award primary custody to one parent, joint custody to both parents, or even shared custody between both parents.
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