Seeking Child Custody Modification in Indiana? The Evidence You Will Need

When it comes to child custody arrangements, circumstances can change over time, prompting the need for modification. In Indiana, the court considers child custody modifications based on the child’s best interests and whether there has been a substantial change in one or more of the statutory factors used to determine custody. If you are seeking a child custody modification, you will need to present compelling evidence to support your case. This blog will discuss the type of evidence you will need for your child custody modification. 

The first and most crucial piece of evidence you will need is proof of a substantial change in circumstances since the original custody order was issued. This change could be related to any of the statutory factors the court considers when determining custody such as: (1) the child’s age and sex; (2) the parents’ wishes; (3) the child’s wishes (if the child is of appropriate age); (4) the child’s interaction and interrelationship with parents, siblings, and others; (5) the child’s adjustment to home, school, and community; (6) the mental and physical health of all individuals involved; (7) evidence of domestic violence or a pattern of domestic violence.

Specific examples of substantial changes could include a parent’s relocation, a change in employment or work schedule, a parent’s remarriage or new relationship, a child’s educational or medical needs, or concerns about a parent’s ability to provide a stable and nurturing environment.  To support your claim of a substantial change in circumstances, you will need to provide relevant documentation and witness testimony. Affidavits or written statements from family members, teachers, counselors, or other individuals familiar with the child’s situation. Other useful sources of evidence are medical or psychological evaluations or reports, and school records or reports. To assist with showing a substantial change, employment records or proof of income changes is proper evidence to represent that. Police reports or court records related to any incidents of domestic violence or criminal activity. Lastly, photographs or videos are useful forms of evidence to show the court. 

In addition to evidence of a substantial change, you will need to present a detailed parenting plan and proposed custody arrangement that serves the child’s best interests. The plan should include a proposed schedule for parenting time and decision-making responsibilities. Additionally, addresses how the child’s educational, medical, and extracurricular needs will be met, and strategies for effective communication and co-parenting. Any necessary provisions for transportation, child support, or other logistical considerations. 

Child custody modifications can be complex and emotionally charged. It is highly recommended to seek the guidance of an experienced family law attorney who can help you gather the necessary evidence, prepare a compelling case, and represent your interests in court. An attorney can also advise you on the specific requirements and procedures for filing a custody modification petition in your county as well as the potential challenges or defenses you may face from the other parent. Navigating a child custody modification requires careful preparation and a clear understanding of the legal standards in Indiana. By gathering substantial evidence, presenting a well-reasoned parenting plan, and seeking skilled legal representation, you can increase your chances of obtaining a custody arrangement that truly serves your child’s best interests. The attorneys at Ciyou & Associates, P.C. have an extensive background in child custody matters throughout Indiana. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.


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