Mothers Rights Divorce Attorney in Fishers, Indiana

All mothers want what’s best for their children, and that can make the decision to divorce incredibly difficult. Mothers commonly remain in unhappy marriages due to fear of how the divorce will impact their children and how they will cope financially as single mothers.

Mothers have unique needs, and it is important that they have dedicated and compassionate representation from an experienced attorney.

At Woodford Sathappan McGee, our Fishers divorce lawyers exclusively represent women. We are committed to empowering women to feel confident about their future, and we achieve this by educating them about their rights and fighting for their best interests throughout the divorce process.

Thanks to our dedication to women, we have a unique ability to meet the needs of mothers and to support them in transiting into a new way of life. We always prioritize the needs of children, as well as the rights of our female clients.

We take a holistic approach that utilizes divorce mediation wherever possible. However, we are also skilled litigators and will never compromise on your mother’s rights. If your case requires court involvement, then we will be ready to advocate on your behalf.

Contact our law firm today at 380-212-3731 to arrange a free consultation with a Fishers family law attorney.

Child Custody and Mother’s Rights in Fishers, IN

For mothers faced with divorce, the biggest worry is often child custody. In Indiana, there are two types of custody, legal custody, and physical custody.

• Physical Custody – Physical custody refers to the time you spend with your child as their primary caregiver. When you have physical custody, your child will live with you, and you will be responsible for day-to-day care such as meals, education, and bathing. Physical custody could be shared equally between parents, or one parent could become the custodial parent who their child lives with for the majority of the time, and the non-custodial parent could be granted visitation rights.
• Legal Custody – Legal custody refers to decision-making rights toward your children. Legal custody gives a parent the right to make important decisions on behalf of their children, such as those involving school, religion, and medical care. Physical custody may also be shared or granted to one parent.

How Are Child Custody Decisions Made in Fishers, IN?

In Indiana, when parents can’t agree on child custody arrangements, the Judge will expect them to at least try to come to their own agreement using mediation. At Woodford Sathappan McGee, all of our attorneys are trained mediators, so we can support you in forming a parenting plan that works for you and your children.

Your proposed parenting plan will then need to be submitted to the Judge for approval. They will review it, and if it is in line with Indiana family law, then they should approve it.

If you and your ex-spouse cannot come to an agreement, then you will need to attend a hearing so that the Judge can make a ruling on your behalf. Your Fishers divorce lawyer will advocate on your behalf in court to help protect your rights.

Regardless of whether you use mediation or litigation to arrive at a parenting plan, all decisions must be made based on the child’s best interests. The courts do not favor the mother over the father, so if you are fighting to be the custodial parent, then you will need to show why that serves your child’s best interests.

To determine what the child’s best interests are, the Judge may consider factors such as:

• The physical and mental health of each parent.
• Each parent’s ability to meet their child’s needs now and in the future. Including the ability to provide a loving and stable home
• How involved each parent has been in their child’s life up until this point.
• The child’s access to their community, such as wider family members, neighbors, and school.
• Fostering stability in the child’s life.
• Whether the child has been cared for by someone who doesn’t have legal rights to the child.
• Each parent’s wishes.
• Whether either parent poses a risk to their child’s wellbeing.
• The child’s wishes could be considered, especially if over the age of 14. However, ultimately decisions must be made in their best interests and not their preference.

Shared Custody in Indiana

In Indiana, a shared custody agreement could take many forms. Parents may share both legal and physical custody, or one parent may be granted legal custody while they still share physical custody.

The vast majority of child custody cases will result in some form of joint custody agreement as it is generally considered to be in the child’s best interests for their parents to share custody. The only exception to this would be if one parent loses their parental rights due to the risk they pose to their child.

A shared custody arrangement means that each parent spends significant time with their child. However, parenting time is not always equal. Instead, it is common for one parent to take the role of the custodial parent, meaning the child’s primary residence is with them. The non-custodial parent will then be granted visitation rights, such as every other weekend and one weekday evening each week.

An arrangement that involves a custodial parent is often preferable because it helps foster stability in the child’s life. In addition, it could be more practical for school, or because one parent works more hours than the other.

Sole Custody in Indiana

Generally speaking, if one parent becomes the custodial parent, the other is granted visitation rights. This is because both parents have a right to regular parenting time.

However, it is possible for one parent to have their parental rights taken away if the Judge is concerned that they may have a negative effect on their child’s physical or emotional well-being. Examples include drug or alcohol addiction, a history of abuse, or severe and incapacitating mental health issues.

However, even if a parent does pose a risk to their child’s wellbeing, the Judge may still award supervised visitation, which the other parent will need to help accommodate. Parenting time can be supervised by a social service agency, private agency, or a trusted third party such as a grandparent or juvenile court staff. Supervised visitation may also need to take place in a secure and neutral location.

If you are concerned about the negative impact your ex-spouse could have on your child and wish to fight for sole custody, then you will need to provide substantial evidence to the court as to why it is in your child’s best interest. A Fishers mothers rights attorney can help you fight for sole custody if it is appropriate in your case.

Temporary Orders and Child Custody

It is not uncommon for the divorce process to take more than a year to finalize, and in the meantime, it is common for couples to need legal guidance on issues such as child custody and who will remain in the family home.

Either party can file for a temporary order, which, if granted, will place legal obligations on both spouses for a short period of time, often until the divorce is finalized. The Judge may also enforce temporary orders independently if they deem it necessary, such as in high-conflict cases.

Although temporary orders do not last, they can impact the Judge’s final decisions. The judge will look to create stability and will also look at the evidence regarding each parent’s involvement in their child’s life.

If you require temporary orders, then your mother’s rights lawyer can help you fight for an outcome that best serves your children.

Financial Security After Divorce in Fishers, IN

When faced with divorce, mothers are often most concerned about child custody and their financial stability. You have a right to feel secure after your marriage ends, and the biggest contributing factors to that are child support, spousal support, and property division.

The outcome of these matters is legally binding, so it is important you have representation from an experienced mother’s rights attorney who can fight for your best interests.

Child Support

Both parents are required to provide for their children financially. As the non-custodial parent spends less time caring for their child and, therefore, financially supporting them, they are usually the one who is required to pay child support.

In Indiana, child support must usually be paid until the child turns 19, at which point, the obligation stops automatically. However, if the child has ongoing needs, such as a mental or physical health condition, it may need to be paid indefinitely.

Spousal Support

Spousal support is financial support that one spouse may be ordered to pay the other after their marriage has ended. However, it is not awarded in every case and usually only when one spouse needs financial support to maintain a standard of living.

Although spousal support could be ordered indefinitely in some cases, it is more likely to be a temporary order. They are usually ordered to give one spouse enough time to undergo training or find employment so that they can financially support themselves.

We commonly work with mothers who sacrificed education and work opportunities to care for their children. As a result, they may not feel able to financially support themselves after divorce. For these women, spousal support can be a lifeline and ensures that they feel secure and confident about leaving their marriage behind.

Property Division

Indiana is an equitable distribution state, which means that marital property must be divided in a just and fair way rather than an equal split.

At Woodford Sathappan McGee, we will learn what’s important to you so that we can best support you in keeping the assets that matter. For example, perhaps keeping the marital home is important for you to be able to support and care for your children.

We also have substantial experience in cases involving high assets or hidden assets and will help ensure that your mother’s rights are protected.

In Indiana, all assets and debts are divided into separate and marital:

• Separate Property – Separate property is the term given to all assets or debts that either spouse owned before the marriage. It also includes inheritance, gifts, or compensation acquired by an individual spouse. Separate property continues to belong to each individual after the divorce has been finalized.
• Marital Property – Marital property is the term given to all assets or debts that either spouse acquired over the course of the marriage. It could include bank accounts, property, vehicles, stocks and bonds, and more. All marital property is subject to just and fair division under Indiana family law.

To determine what is just and fair, the Judge may consider factors such as:

• Each spouse’s financial contribution to the marital assets.
• How much separate property each spouse owns.
• The needs of each spouse.
• Each spouse’s ability to earn money.
• Who has primary custody of the children.
• Whether one spouse was solely responsible for the debt.

Domestic Violence

Violence or abuse is a direct violation of your rights. Thanks to our dedication to women and mothers, we have created a space where many women feel supported to share their experiences. We understand the dedication these cases require and will do everything in our power to support you.

We will get to work quickly to file a protection order which will place a legal obligation on your spouse to stay away from you and your children. That way, you can have the space you need to make important decisions about your next steps.

We will continue to support and guide you and will educate you throughout your divorce, and we will fight to ensure that the Judge overseeing your case is aware of your experiences and considers them when determining the outcome of key issues such as child custody.

Post-Divorce Family Law Matters in Fishers, IN

Once your divorce is finalized, hopefully, you will not require a mother’s rights lawyer again. However, if you do, Woodford Sathappn McGee can help. Some of the post-divorce issues we can help you with include:

Divorce Modification

You are required to adhere to the terms of your divorce decree once it has been issued. However, it is natural for circumstances to change over time, and sometimes a stipulation that once worked no longer meets the needs of you or your children.

When this happens, it is possible to apply for a divorce modification. Your Fishers mother’s rights lawyer can help you file for a modification and provide the necessary evidence to show that there has been a marital and substantial change in circumstances. Examples of justification for a modification could include illness, job loss, relocation, or discovery of hidden assets that were not considered in your initial divorce decree.

A child custody order may also be modified if at least three years have passed and the amount that would be ordered under current state guidelines differs by 20% or more.

Contempt Proceedings

If your ex-spouse fails to comply with the obligations specified in your divorce decree, then an attorney at Woodford Sathaopan McGee can help you reach a resolution.

Our first step could be to try and mediate with your ex-spouse. For example, if they have missed child support payments, then it could be important to ask why and to give them an opportunity to pay you back in a manageable way. Child support payments do not disappear, and so they will need to pay what they owe you eventually.

That being said, we understand how frustrating missed child support payments can be. If your spouse refuses to cooperate, we can help you file contempt proceedings against them. A Judge may seize their assets, garnish their wages, revoke a professional license, or even order a jail sentence to enforce compliance.

It is essential to follow the proper legal protocol and not to try and take matters into your own hands. For example, if you refuse visitation as a way to try and get them to pay, you will also be guilty of failing to abide by a court order, which could have consequences.

How to Find the Best Fishers Mother’s Rights Divorce Attorney

Divorce has far-reaching implications; therefore, finding the right attorney for your case is an important task. It can be difficult to know what to look for, especially if you have never required legal representation before. Here are some key things to look for:

• A Local Law Firm – A local law firm will have an in-depth understanding of the state laws surrounding your case. Family law also involves a lot of personal and emotional matters, and so it is good to be close to your attorney so that you can work with them face-to-face. A local attorney may also have worked with the Judge assigned to your divorce before and can tailor their approach.
• A Focus on Family Law – Some law firms try to cover many practice areas, such as criminal defense and personal injury. When a law firm has a narrow focus, it ensures that all its skills, resources, and experiences are dedicated to matters that may be affecting you.
• Compassionate Support – Your attorney should make you feel supported throughout the divorce process. Although they may have a full caseload, they should be prompt to answer your question and should take the time to inform you about your rights as a mother.
• Skilled in Divorce Mediation – The Judge assigned to your case will expect you to at least try and use mediation; this could be a third party or your own attorney. It is beneficial to have your own attorney act as your mediator as they will understand the ins and outs of your case and are committed to your best interests. Skilled mediation has many benefits; it saves time and money on court proceedings, protects children from conflict, and allows you to arrive at personalized arrangements.
• Experienced Litigator – Every issue that cannot be agreed upon will require a separate hearing. It is essential that your attorney is a skilled litigator so that you are not left vulnerable if any aspect of your case goes to court.
• A Free Consultation – Many family law firms offer free consultations so that you can find out about your prospective attorney and decide whether you feel you can speak with them without fear of judgment.
• Personal Considerations – If your divorce case involves any complicating factors such as high assets, cross-county parenting, or domestic abuse, then it is important to find representation from someone who has specific experience that will benefit your case.

Woodford Sathappan McGee – Advocates For Mother’s Rights in Fishers, IN

At Woodford Sathappan McGee, we have an office in Indianapolis, just a stone’s throw away from Fishers, IN. We believe that our narrow focus – helping women with family law issues, allows us to provide unparalleled support.

Our mother’s rights attorneys have come together under a shared goal, to empower women to feel confident in their lives after divorce. We offer compassionate support that is tailored to women’s needs. We believe that knowledge is power, and we will take the time to inform you about your rights at every stage. We will always be prompt to answer your questions or lend a sympathetic ear when you need it.

We always prioritize mediation, and all of our attorneys are highly skilled in divorce negotiations. Many women are surprised by what they can achieve with our help, even those navigating high-conflict or high-asset divorce.

Our divorce lawyers are experienced litigators and are always prepared to advocate for our clients in the courtroom where necessary. We will never compromise on your mother’s rights and will do whatever it takes to protect your interests.

We offer a free consultation so that you can speak with us and decide if we are the right option for you. If you decide to agree to representation, we will assign an attorney best suited to your case based on your specific circumstances. Each of our attorneys has unique specialisms, such as high-asset divorce or high-conflict divorce. No matter the complexity of your case, it is likely that we have someone who is suited to your case.

Mothers Rights Divorce Attorney in Fishers FAQ