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What Counts as Evidence in an Indiana Child Custody Modification Case?

What Counts as Evidence in an Indiana Child Custody Modification Case?

If you are seeking to modify an existing child custody or parenting time order in Indiana, having strong supporting evidence is crucial. But what kinds of evidence can actually be presented to the court? The rules around admissible evidence aim to paint a clear, factual picture for the judge. Evidence can be intimidating for a pro se party, so seeking assistance from an experienced attorney can help you navigate your family law matter and the type of evidence to use. This blog will discuss the type of evidence used in child custody modification cases in Indiana. 

Live testimony, whether from the parents themselves or other relevant witnesses like family members, teachers, etc., is commonly used evidence in custody cases. Witnesses are placed under oath and subject to cross-examination. Their sworn accounts can shed light on each parent’s living situation, child-rearing abilities, and any changes that may warrant a custody modification. Various forms of documentation and official records can be submitted as evidence. Items such as school records, report cards, attendance records, medical, dental, and counseling records about the minor child. Other items like police reports about any criminal incidents, photographs or video/audio recordings (with restrictions), texts, emails, or other written communication between the parties, employment, income, and housing records for either parent. Court records, legal documents, and certified records are generally admissible and lend credibility.

In some cases, the court may order a third-party evaluation to gather more evidence and information about the matter. One third-party evaluation is a custody evaluation by an expert assessing each home, parent capabilities, etc. Also, third-party psychological evaluations about mental health or parenting capacity, as well as alcohol/drug assessments if substance issues are a factor. The evaluator typically must testify, and their written report may be admitted as evidence. Depending on the child’s age and circumstances, the court may consider the child’s own statements about their living preferences and experiences in each household. This input from the child, however, is just one factor among many.

While hard facts and documentation carry significant weight, the court also has discretion over what other evidence to allow that is relevant and reliable. Things like witness credibility and authentication requirements are always considered. In general, the more documentable, objective, and compelling the evidence is, the better the chance of demonstrating a substantial change to justify modifying custody orders in Indiana. Partnering with an experienced family law attorney is advisable for navigating evidentiary rules and requirements. 

Ultimately, the evidence presented, including testimony and records, should clearly illustrate how a proposed custody modification would better serve the child’s best interests going forward. The attorneys at Ciyou & Associates, P.C. have a long history and experience with child custody modification matters in the state of Indiana. We are here to help you navigate this process. 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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