Child Custody Modification in Indiana

Life is full of changes, which is why Indiana allows parents to modify their custody arrangement when necessary. Child custody may be modified if (1) the modification is in the best interest of the child and (2) there is a substantial change in one or more of the following factors effecting the best interest of the child:

1. The age and sex of the child.
2. The wishes of the child’s parent or parents.
3. The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
4. The interaction and interrelationship of the child with their parent(s); siblings; and any other person who may significantly affect the child’s best interests.
5. The child’s adjustment to the child’s home; school; and community.
6. The mental and physical health of all individuals involved.
7. Evidence of a pattern of domestic or family violence by either parent.

It is important to note that there is a difference between legal custody and physical custody. Physical custody is the time the child actually spends in the parent’s care, while legal custody is the right of the parent to make important decisions for the child.

To make a modification, a parent will need to fill out the necessary paperwork. If parents do not agree to modify custody, there will be a hearing so each parent can present evidence supporting his or her case. If parents do agree to modify custody, they still need to seek court approval of their agreement. You cannot modify custody without the court’s sign-off.

If you are interested in modifying child custody, contact McNeelyLaw today. Call us at 317-825-5110 to talk to an experienced family law attorney who can help navigate you through child custody modification.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.