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Father's Rights Divorce Attorney in Indianapolis, IN

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.

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

No. Indiana law says there is no presumption favoring either parent. Courts decide custody based on the child’s best interests and the evidence presented. Fathers who are involved in their children’s daily lives can and do receive joint or primary custody. An attorney can help you present your role as a parent effectively.
Yes. A father can receive primary physical custody when the evidence shows it’s in the child’s best interests. Courts look at each parent’s involvement, the child’s adjustment, stability, and other factors. Showing your day-to-day role in the child’s life matters. An attorney can help you build that case.
Possibly. Indiana courts can order shared or equal parenting time when it serves the child’s best interests and the parents can make it work. Factors like distance between homes, work schedules, and cooperation often matter. An attorney can help you propose a schedule that supports equal time.
Ask for provisional orders that set a parenting time schedule while the divorce is pending, stay involved in school and activities, and avoid moving out without a plan for your time with the children. Early patterns can carry into the final order. An attorney can help you request temporary orders that protect your relationship.
Child support is calculated under the Indiana Child Support Guidelines using both parents’ incomes, the number of children, health insurance and childcare costs, and a credit for parenting time overnights. The same rules apply to mothers and fathers. An attorney can help you make sure the calculation is accurate.
Yes. Spousal maintenance in Indiana is gender neutral and can be awarded to either spouse when the legal requirements are met, such as incapacity, caring for an incapacitated child, or rehabilitative maintenance for up to three years. An attorney can help you understand whether maintenance applies in your case.
Moving out can affect your time with your children and your position on the home, so it’s best to get advice first. If you do move out, having a parenting time agreement or temporary order in place helps protect your relationship with the kids. An attorney can help you plan a move that doesn’t hurt your case.
Courts consider whether each parent supports the child’s relationship with the other parent. Documented interference, negative comments, or blocking contact can affect custody decisions. Staying calm and keeping records is important. An attorney can help you raise the issue with the court.

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.

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