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Custody and Visitation Attorney in Indianapolis, IN

Many people search for custody and visitation together because the two go hand in hand. Custody decides who makes major decisions for a child and where the child lives, and visitation decides how much time the child spends with the other parent or, in some cases, with grandparents. Custody and visitation cases come up in divorces, paternity cases, and after a court order is already in place.

Indiana law uses the term parenting time instead of visitation for the time a child spends with a parent, while visitation is still used for grandparents. Custody is divided into legal custody, which covers major decisions about education, health care, and religion, and physical custody, which covers where the child lives. Courts decide custody based on the child’s best interests, with no presumption favoring either parent, and parenting time usually follows the Indiana Parenting Time Guidelines unless the parents agree to something different.

Grandparents have limited rights to seek visitation in Indiana. A grandparent may ask for visitation when the child’s parent has died, when the parents’ marriage has been dissolved in Indiana, or when the child was born to unmarried parents and, for paternal grandparents, paternity has been established. Courts give special weight to a fit parent’s decision about visitation, so a grandparent must show that visitation is in the child’s best interests. Other relatives and caregivers who have raised a child may have different options, including de facto custodian status.

At RileyCate, we help parents and grandparents with custody and visitation from the first filing through later changes. For a deeper look at specific issues, see our Child Custody, Parenting Time Disputes, and De Facto Custody pages.

Custody and visitation cases shape a child’s relationships for years, and they call for careful preparation and steady advocacy. 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

Custody covers decision-making authority and where the child lives. Visitation, called parenting time in Indiana when it involves a parent, is the schedule for time the child spends with the parent who doesn’t have primary physical custody. Both are decided based on the child’s best interests. An attorney can help you understand how each applies to your case.
Indiana uses parenting time to reflect that both parents continue to parent their child, not simply visit. The term appears in Indiana’s statutes and the Indiana Parenting Time Guidelines. Visitation is still used for grandparents. An attorney can help you understand the terms in your order.
In certain situations. A grandparent may seek visitation when the child’s parent has died, when the parents’ marriage was dissolved in Indiana, or when the child was born to unmarried parents and, for paternal grandparents, paternity was established. The grandparent must show visitation is in the child’s best interests. An attorney can help you evaluate a grandparent visitation claim.
A fit parent’s decision about whether a grandparent should have visitation gets special weight. Courts look at the grandparent’s relationship with the child, whether the parent has offered some contact, and whether visitation is in the child’s best interests. An attorney can help you present or respond to a grandparent visitation request.
Under the Indiana Parenting Time Guidelines, the parent without primary physical custody typically has alternating weekends, a midweek evening, alternating holidays, and extended summer time, with adjustments for young children and long distances. Parents can agree to other schedules. An attorney can help you build the schedule that works for your child.
Yes. A court can order supervised parenting time when it finds that unsupervised time might endanger the child’s physical health or significantly impair the child’s emotional development. Supervision may take place at a center or with an approved person. An attorney can help you seek or oppose supervision.
Yes, once paternity is established. Paternity can be established through a paternity affidavit or a court action, and the court can then enter custody, parenting time, and support orders. Until then, the mother generally has custody of a child born outside of marriage. An attorney can help you establish paternity and seek orders.
Yes. Custody can be modified when there’s a substantial change and the change is in the child’s best interests, and parenting time can be modified whenever a change serves the child’s best interests. An attorney can help you understand which standard applies to the change you want.

If you have questions about custody, parenting time, or grandparent visitation, clear advice can help you protect your relationship with the child. We offer a consultation to review your situation and explain your options. Reach out to RileyCate today to speak with a family law attorney.

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