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Many fathers go into a divorce worried that the system will treat them as a weekend parent or a paycheck. Indiana law doesn’t see it that way. Father’s rights in divorce covers the issues dads face when a marriage ends, including custody, parenting time, child support, property division, and spousal maintenance, along with protecting the relationship with their children while the case is pending.
Indiana law says there is no presumption favoring either parent in a custody decision. Courts decide custody based on the child’s best interests, looking at factors like each parent’s relationship with the child, the child’s adjustment to home and school, the wishes of the parents and the child, and each parent’s health and stability. Fathers can be awarded joint legal custody, primary physical custody, or a parenting time schedule well beyond the minimum in the Indiana Parenting Time Guidelines when the evidence supports it.
The financial side of a divorce follows gender-neutral rules too. Indiana presumes an equal division of the marital estate, and spousal maintenance is limited to specific situations and can be ordered for either spouse. Child support is calculated under the Indiana Child Support Guidelines based on both parents’ incomes, with a credit for the number of overnights each parent has, which means more parenting time can affect the support calculation.
At RileyCate, we help fathers prepare for divorce, protect their time with their children while the case is pending, and pursue fair outcomes on custody, support, and property. For dads who were never married to their child’s mother, our Father’s Rights in Custody page covers paternity and custody.
Fathers going through divorce need an attorney who will present their role in their children’s lives clearly and push for a fair result. 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.
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.
If you’re a father facing divorce, protecting your time with your children starts early in the case. We offer a consultation to review your situation and explain your options. Reach out to RileyCate today to speak with a family law attorney.