The end of your marriage was likely one of the most challenging times in your life, especially if you experienced a contentious custody dispute. If your divorce is complete, and you want to change the child custody order, you may have many questions. It is crucial for parents to grasp that Indiana does permit these modifications, albeit under specific legal standards and considerations.
Legal criteria for modification
Indiana recognizes the fluidity of life circumstances, and the law allows for adjustments to child custody arrangements post-divorce. However, to be granted, the one seeking the modification must typically demonstrate a substantial and continuous change in circumstances that necessitate the change.
Court evaluation factors
Indiana courts meticulously assess various factors when weighing a custody modification request. This includes the child’s demographics, including their age and gender. It also includes the parental preferences, taking into account the desires of both parents and, if the child is 14 or older, the child’s wishes.
The court will also look at the family’s interpersonal dynamics, analyzing the child’s relationships with family members and significant individuals. And, the judge will examine the adjustment considerations by assessing the child’s adaptation to their environment, including the physical and mental well-being of all involved parties.
Finally, courts look at any domestic violence history, examining any patterns of family violence. This is in addition to de facto custodian evidence, recognizing instances where a non-parent has provided primary care, when applicable, and any other relevant evidence.
Modification procedure
Initiating a custody modification involves filing a petition with the court that issued the original custody order. This document should outline the significant changes in circumstances and their impact on the child’s best interests. The court reviews evidence such as testimony, expert reports and relevant documents.
Conclusion
Indiana’s child custody modification framework prioritizes the child’s welfare above all else. Parents contemplating modifications should navigate the process effectively and present a compelling case to the court.