Indiana

Grant County Custody

4. Some believe that the custody of children is an award given by a Court to the best parent and, therefore, the non-custodial parent is in some way inferior and should only have limited contact with the children by way of visitation. This is not true. Most parents love their children, are truly concerned for their well-being, and are fully fit and proper parents to have custody. A court is required by law to base its difficult decision regarding custody on what it finds to be in the best interests of the children, not what is in the best interests of either parent. Parents are often unaware of the detrimental effects legal proceedings and separation from the non-custodial parent can have on the physical, emotional and psychological well-being of their children and of the need and desire children have to maintain a relationship with both parents.

Therefore, both parents in this case shall:
A. Encourage the children to have an attitude of trust and respect toward the other parent;
B. Encourage the children to have communication and a relationship with the other parent;
C. Avoid any displays of animosity toward the other parent in the presence or hearing of the children; and,
D. Avoid any questioning of the children intended to induce a child to report on the personal affairs of the other parent. [This clause does not apply if the court has determined that a parent is clearly unfit to have visitation]

The Rule has great intentions (and its description of what makes a custody determination ought to be read by anyone wanting to understand custody in Indiana - such as those who want to change the presumption to joint custody; see my articles here, here, and here).

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on March 18, 2009 (boomark / email).