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Child Custody Attorney in Indianapolis, IN

Nothing in a family law case matters more to most parents than their children. Child custody determines who makes major decisions for a child and where the child lives, and it shapes the child’s day-to-day life for years. Custody cases arise in divorces, in paternity cases between unmarried parents, and in cases involving grandparents, other relatives, or caregivers who have raised a child.

Indiana separates custody into two parts. Legal custody covers major decisions about a child’s education, health care, and religious upbringing, and it can be joint or sole. Physical custody covers where the child lives. The parent who doesn’t have primary physical custody usually has parenting time, often based on the Indiana Parenting Time Guidelines. Indiana courts decide custody based on the best interests of the child, and the law says there is no presumption favoring either parent.

When deciding custody, Indiana courts look at all relevant factors, including the child’s age and sex, the wishes of the parents, the wishes of the child with more weight given when the child is at least 14, the child’s relationships with parents, siblings, and others, the child’s adjustment to home, school, and community, the mental and physical health of everyone involved, and any pattern of domestic or family violence. Courts also consider whether someone has acted as a de facto custodian. For joint legal custody, courts look closely at whether the parents can communicate and cooperate in raising the child.

At RileyCate, we represent parents in custody cases from the first filing through trial, and in agreed custody arrangements that need to be put into a clear, workable order. For custody questions that come up later, see our Custody Modification and Child Custody Relocation pages.

Custody cases are emotional and high stakes, and they call for an attorney who prepares carefully and keeps the focus on your child. Keith L. Hancock leads our family law team. Keith is Of Counsel at RileyCate, LLC, and family law is the primary focus of his practice. His background includes work as a deputy prosecutor, deputy public defender, associate attorney, and founding member of his own prior firm, giving him a practical understanding of how cases are prepared, negotiated, and tried.

Keith personally oversees every family law matter we take on, working with the attorneys, associates, and staff the case calls for based on its size and complexity, so you get responsive, informed representation from the outset.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

Indiana courts decide custody based on the best interests of the child, with no presumption favoring either parent. Judges consider factors like the child’s age, the parents’ and child’s wishes, the child’s relationships and adjustment, everyone’s health, and any family violence. An attorney can help you present the evidence that matters most under these factors.
Legal custody is the authority to make major decisions about a child’s education, health care, and religious upbringing. Physical custody is where the child lives. Parents can share joint legal custody even when one parent has primary physical custody. An attorney can help you understand which arrangement fits your family.
No. Indiana law says there is no presumption favoring either parent in a custody decision. Courts look at the best interests of the child based on the evidence. Fathers and mothers start on equal footing. An attorney can help you build a strong case regardless of which parent you are.
There’s no age when a child gets to decide. Courts consider the child’s wishes, and they give more weight to those wishes when the child is at least 14, but the decision is still based on the child’s best interests. Judges may talk with the child or rely on a guardian ad litem. An attorney can help you understand how your child’s wishes may factor in.
Joint legal custody means both parents share major decisions about the child. Courts consider whether the parents can communicate and cooperate, whether both are fit, the child’s wishes, and whether the parents live close to each other. Joint legal custody doesn’t require an equal parenting time schedule. An attorney can help you seek the arrangement that works for your child.
A guardian ad litem, or GAL, is a person appointed by the court to investigate and make recommendations about what’s best for the child. The GAL may interview parents, visit homes, and talk with teachers or doctors. Courts often give the recommendation significant weight. An attorney can help you prepare for the GAL’s investigation.
The Indiana Parenting Time Guidelines set out a default schedule for the parent without primary physical custody, including alternating weekends, a midweek evening, shared holidays, and extended summer time, with adjustments for young children. Parents can agree to a different schedule. An attorney can help you build a schedule that fits your child’s needs.
Courts consider evidence of a pattern of domestic or family violence by either parent when deciding custody, and it can lead to restrictions like supervised parenting time. Protective orders and police reports can be important evidence. An attorney can help you present or respond to allegations of family violence in a custody case.
Sometimes. A grandparent or other third party may seek custody, especially when they’ve acted as a de facto custodian, but Indiana law presumes a child belongs with a parent, and that presumption must be overcome by clear and convincing evidence. An attorney can help you understand whether a third party custody claim is realistic.

If you’re facing a custody case, early preparation can make a real difference in the outcome for your child. We offer a consultation to review your situation and explain your options. Reach out to RileyCate today to speak with a child custody attorney.

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