M03-ASSIGNMENT
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Ivy Tech Community College, Indianapolis *
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209-30D
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Law
Date
Jan 9, 2024
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docx
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Uploaded by sscoville15
Sidney Scoville
M03 Assignment - Best Interests Test
1.
What is the correctly cited code section that discusses Indiana’s custody provisions? I.C. 31-17 – ARTICLE 17. FAMILY LAW: CUSTODY AND VISITATION RIGHTS
I.C. 31-17-2 – Chapter 2. Actions for Child Custody & Modification of Child Custody Orders.
2.
Have any specific guidelines for determining best interest been adopted by statute?
I.C. 31-17-2-8
There are judicial decisions that have been published, and the court should review those decisions and does their ruling a line with them. When the court makes a ruling, the judge must consider whether the ruling will be in the “best interest” of the child. 3.
Based on the guideline found in the Code and case law, what factors should be considered when determining custody?
1. The age and sex of the child
2. The wishes of the parents in the custody determination.
3. The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen years old.
4. The interaction and interrelationship of the child with:
a. The parents
b. Other siblings or step-siblings.
c. Any other person who may significantly affect the child’s best interest.
5. The child’s adjustment to home, school, and community.
6. The mental and physical health of all individuals involved.
7. Evidence of a pattern of domestic or family violence by either parent.
8. Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider other factors.
4.
Is domestic violence a factor to be considered? If so, how?
Yes, domestic violence is to be considered. Domestic violence in the home
can affect custody and visitation. I.C. 31-17-2-8.3; Supervised parenting time; conviction of crime involving domestic or family violence; batterer's intervention program. 5.
Define joint custody. Is joint custody a permissible option? If yes, is there a presumption in favor of joint custody? Can joint custody be ordered over the objection of a parent?
Joint custody means the parties awarded joint custody will share the responsibility and authority for the major decisions of the child’s upbringing, such as education, health care, and religious decisions. Yes, joint legal custody is a permissible option. Indiana courts do not have a presumption in favor of joint custody. The court will evaluate each case and the evidence to determine what custody arrangement is in the best interests of the child. The court can order joint custody over an objection.
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