Modifying your custody arrangement

In Indiana, in order for a court to modify a child custody arrangement, the petitioner must show two elements to the court. First, the Petitioner must prove to the court that a child custody modification is in the best interest of the child. Second, there must have been a substantial change to one or more of the factors that the court considers when determining custody. There are many factors the court looks at when evaluating custody disputes, including:

– The age and sex of the child;

– The wishes of the child’s parent or parents;

– The wishes of the child, with more weight given to children fourteen or older;

– The interaction and interrelationship of the child with the child’s parents, siblings, or other significant people in the child’s life;

– The child’s adjustment to the child’s home, school, and community;

– The mental and physical health of all individuals involved (including the parents);

– Evidence of domestic or family violence by either parent;

– Evidence of the child being cared for by a de facto parent (a parent in everything but familial relationship, essentially); and

– A designation in a power of attorney of the child’s parent or a de facto parent of the child.

This means that if any of these factors have substantially changed since the original custody order was granted, then a court may have grounds to modify the custody order for the child. For instance, if a child is starting to really struggle at school or one of the parents is having to move often, then a court may consider modifying a custody order to improve the child’s situation. An important exception to the modification is that a court will not restrict parenting time of either parent below a reasonable amount unless there is an endangerment to the child’s physical health or the parenting time will impair the child’s emotional development.

Just because one of these elements has been fulfilled doesn’t necessarily mean the court will modify the child custody order. A court will look at both factors and weigh them to see if the current child custody order should actually be modified.

If you have any questions about modifying your custody of your child, please contact McNeelyLaw LLP by calling (317)825-5110.

Disclaimer: This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.