Child custody arrangements in Indiana are designed to serve the best interests of the child. However, life circumstances change, and sometimes these changes warrant modifying custody orders. If you are considering seeking a custody modification in Indiana, you should speak with an experienced family law attorney. This blog will explore events that can lead to child custody modification.
Indiana law requires a “substantial change” in circumstances to modify a custody order. This is a broad category, but some examples are relocation of one parent; remarriage of either parent; significant changes in work schedules or employment status; and development of health issues for either parent or the child. It is important to note that the change must be substantial and ongoing, not just a temporary situation.
As children grow older, their preferences may carry more weight with the court. In Indiana, there is no specific age at which a child’s wishes become determinative, but judges often give more consideration to the preferences of older children, typically teenagers. If there is evidence that the child’s physical health is endangered or their emotional development is significantly impaired in their current living situation, this can be grounds for modification. Some examples include substance abuse by the custodial parent, domestic violence in the home, neglect or abuse, and exposure to unsafe living conditions.
If one parent consistently violates the current custody order—for example, by denying visitation rights or failing to return the child at agreed-upon times—this can support a request for modification. If the parent with primary custody is imprisoned, this typically necessitates a custody modification. Sometimes, positive changes in the non-custodial parent’s life can support a modification. For instance, if they have overcome addiction issues, secured stable employment, or established a more suitable living environment for the child.
If a child is struggling academically or socially in their current environment, and a change in custody provides better educational or social opportunities, this might be considered by the court. If both parents agree to modify the custody arrangement, the court will typically approve the change as long as it appears to be in the child’s best interests. There are important considerations when being involved in child custody modification proceedings. The burden of proof is on the parent requesting the modification. They must demonstrate how the proposed change would be in the child’s best interests.
Indiana courts favor stability for children, so the reasons for modification should be compelling. Even if a modification is granted, it may not result in a complete change of custody. The court might adjust visitation schedules or decision-making authority instead. If you are considering seeking a custody modification in Indiana, it is crucial to consult with an experienced family law attorney who can evaluate your specific situation and guide you through the legal process. The attorneys at Ciyou & Associates, P.C. have ample experience with child custody modifications throughout the state of Indiana. We are here to help you navigate child custody modification. 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.