Receiving an unfavorable custody order can be a devastating experience for any parent. However, it is important to remember that this is not necessarily the end of the road. In Indiana, there are several approaches you can take to address an unfavorable custody order. Speaking with an experienced attorney can help you better understand the approaches you can take. This blog post will explore three of these options.
If circumstances have changed significantly since the original custody order was issued, you may be able to file a motion to modify custody. In Indiana, courts require a “substantial change in circumstances” to consider modifying a custody order. A change in circumstances can include a change in the child’s needs (e.g., medical, educational); relocation of one parent; changes in a parent’s work schedule or living situation; or evidence of abuse or neglect. It is crucial to document these changes thoroughly and be prepared to demonstrate how they affect the best interests of the child.
If you believe the court made a legal error in issuing the custody order, you have the right to appeal the decision. In Indiana, you typically have 30 days from the date of the final order to file a Notice of Appeal. Keep in mind that an appeal is not a re-trial of your case. The appellate court will only review the original trial record for legal errors. They will not consider new evidence or re-weigh the facts presented in the original trial. Appeals can be complex and time-consuming, often requiring the expertise of an attorney experienced in appellate law.
Even after a custody order has been issued, parents can still choose to engage in mediation to resolve disputes or seek modifications. Mediation involves working with a neutral third party to negotiate changes to the custody arrangement. Benefits of mediation include: it is often faster and less expensive than going back to court; it allows for more creative solutions tailored to your family’s needs; and it can help improve communication between parents. If you reach an agreement through mediation, you can submit it to the court for approval, potentially modifying the existing order.
Facing an unfavorable custody order can be challenging, but it is important to remember that you have options. Whether you choose to seek modification, appeal the decision, or engage in mediation, it is crucial to act promptly and, ideally, with the guidance of an experienced family law attorney. Remember, the overarching principle in Indiana family law is always the best interests of the child. Any approach you take should focus on demonstrating how changes to the custody arrangement would benefit your child's wellbeing. The attorneys at Ciyou & Associates, P.C. have a comprehensive background in family law and appellate practice in Indiana. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.