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Child Custody and Visitation

father with children

     There are many different instances in which a parent might seek custody or visitation of their child. Just because two people might share a child, it does not necessarily mean that the parents are married or even get along enough to co-parent.


     There are many circumstances for which a parent might seek out custody of their child. This could include one parent keeping the kids away from the other parent, an ongoing custody battle, soon-to-be filed divorce case, etc. First, it is important to distinguish between the two terms. Having legal custody means you would be entrusted with the child’s medical, educational, or religious decision making. Physical custody refers to who has custody of the child.

     Of course, there are times when parents are able to remain amicable and come to a mutual understanding of what is best for the child and work together in coming up with an agreement that addresses the matters of custody and visitation. For parents that cannot settle their differences on their own, typically seek out the legal assistance of a family court and an experienced family lawyer. Each case is unique and it is important to remember, that ultimately, the court will keep in mind the best interest of the child. Sometimes parents can get caught up in court proceedings, but the most important thing to remember is all you are doing is for your child’s best interest!


     If you are the biological mother of a child, you are presumed to be the rightful parent of a child without the need of a court order. The paternity rights for all other persons would greatly depend on if the parties were legally married or not. If both parents are married, the father is automatically presumed to be the legal and biological father. If you are not the biological parent, a step-parent, guardian, or father of a child out of wedlock, you must establish your legal rights. One of the most significant things to remember as a father, is having your name on the birth certificate of the child, and executing a paternity affidavit. Should the father’s paternity be in question, there may need to be additional steps taken, such as establishing paternity through genetic testing.


     For which ever reason you might be seeking legal or physical custody of a child, it is always wise to ensure you are educated and informed on the legality of all matters pertaining to your case and situation. If you would like to speak with a practiced family law attorney and schedule a consultation, you can contact our office online by submitting a Contact Form or by directly calling our office at (317) 743-7958. Our attorneys practice a variety of different laws, including but not limited to, immigration law and divorce law, family law, criminal, litigation, probate, wills, intellectual property, prenuptial agreements, power of attorney and much more!

Disclaimer: This blog post is for educational and informational purposes only and is not to be taken as legal advice in any capacity. Reading this blog does not constitute or establish an attorney-client relationship.