Indiana

At its core, a custody dispute attempts to answer the question, "What custody arrangements will best serve the interests of the child?" This requires a case-by-case examination of the child's needs and the advantages presented by those seeking custody.

Most custody disputes involve a mother and father during or after a divorce. Others, like the custody case for Michael Jackson's children, involve a third party (usually a relative) who is seeking custody after a parent dies or is incapacitated. The courts start with a presumption that parents are in the best position to look out for the welfare of their own child. This presumption can be overcome by establishing that a parent is not fit or able to best care for the child. In making these determinations, the courts look to various factors, established by state statute or case law.

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To assure that a custody dispute does not become a custody battle, it is best if the parties can reach an amicable agreement, by employing an objective review of the same factors.