Divorce in any situation can be difficult and complicated. Some spouses have challenges related to a business that they run together. However, it is much more common for people to face complications related to their children.
Minor children can increase the level of conflict in a divorce, and those with children often have a much longer overall divorce process ahead. Technically, Indiana does not require a longer separation or waiting period to divorce with children, as some states do.
What are some of the main ways in which children may complicate Indiana divorces?
Disputes about parenting time
From the earliest days of the divorce, parents may find themselves butting heads about the allocation of parenting time. The courts generally issue temporary custody orders while a divorce is underway and then permanent orders at the end of the legal process. Parents may disagree intensely about the allocation of parenting time, especially when one parent interferes with the other’s ability to see their children regularly.
The number of overnights each parent receives can influence child support as well. Both parents may fight intensely over the allocation of parenting time, even if one of them previously didn’t spend much time with the children.
Children asserting their own preferences
The older children become, the more likely they are to take sides in an upcoming divorce. They may outright refuse to go spend time with the parent who they blame for the divorce or may insist that they want to only sleep at the house where they currently stay. Although children over the age of 14 can express their preferences in custody matters, they don’t usually get to dictate where they spend their time. Parents may end up fighting with one another and with the children about their refusal to comply with parenting arrangements.
Concerns about decision-making authority
Custody orders don’t just divide parenting time. They also allocate the legal authority to make choices about children. Parents choose what medical care their children receive, what religion they practice and what school they attend. Parents who share custody often have to reach agreements on those key decisions. When they can’t agree, their disputes may lead back to family court. In some cases, one parent may want to push for the final decision-making authority in certain matters to prevent the likelihood of drawn-out conflicts.
Recognizing how the presence of minor children in the family can complicate divorce proceedings can help parents to approach their situation in informed ways. Not only do they have to negotiate custody terms, but they also have to find a way to follow the custody order or risk going back to court for enforcement or modification hearings.
