How to Modify a Child Custody Order in Indiana
Life circumstances change, and sometimes, a custody order that once worked well no longer serves the best interests of the child. Whether due to a parent's relocation, changes in the child's needs, or other significant life events, Indiana law provides a legal process for modifying custody orders.
This guide explains when and how custody orders can be modified in Indiana, the legal requirements, and why having an experienced family law attorney is essential.
When Can You Modify a Custody Order in Indiana?
Indiana courts do not allow custody modifications without specific legal grounds. A parent seeking to change a custody order must demonstrate:
A substantial change in circumstances affecting one of the statutory factors.
The modification is in the child’s best interests.
These requirements ensure that custody changes are not made lightly but rather in response to significant life changes that impact the child’s well-being.
Understanding the “Best Interests of the Child” Standard
The best interests of the child is the primary consideration in any custody case. Courts will assess whether a proposed modification improves the child’s emotional, physical, and psychological well-being.
Key Factors Courts Consider:
The child’s adjustment to their home, school, and community.
The wishes of the child (particularly if the child is age 14 or older).
Each parent’s ability to care for the child.
Any history of domestic violence or substance abuse.
The stability of each parent's home environment.
Even if a parent has undergone personal changes (such as improved financial stability or remarriage), the court will only modify custody if the change benefits the child.
What Qualifies as a “Substantial Change in Circumstances”?
Indiana law (Indiana Code § 31-17-2-21) requires that a parent show a substantial and continuing change in one or more statutory factors. Some examples include:
1. The Child’s Changing Needs
The child is entering adolescence and requires a different parenting arrangement.
The child struggles academically or socially in their current environment.
2. A Parent’s Relocation or Life Change
One parent moves to a new city or state.
A parent's new marriage creates an unstable home environment.
3. The Child’s Preference
If the child is 14 or older, their opinion carries significant weight in court.
The child expresses a strong desire to live with the other parent due to better stability or opportunities.
4. Parental Fitness & Stability
One parent is struggling with substance abuse or mental health issues.
Evidence of neglect, domestic violence, or unsafe living conditions.
5. Significant Changes in School or Home Life
The child is not thriving due to conflicts in their current home.
A move would improve the child's academic and social environment.
These are just some examples. Each case is unique, and the court will carefully evaluate whether the proposed modification is necessary and beneficial to the child.
What Evidence Is Allowed in a Custody Modification Case?
One key restriction in Indiana custody modification cases is that parents cannot rely on past evidence from prior hearings unless there is new, relevant information.
For example:
If a parent's past drug use was considered in the original custody order, it cannot be the sole basis for modification unless there is new evidence of current drug use.
If a parent's financial stability was discussed in a previous case, the court will not reconsider it unless there has been a substantial change in income.
Parents must present new, compelling evidence that supports their request for modification.
How to Modify a Custody Order in Indiana
The legal process for modifying custody involves several steps:
Filing a Petition for Modification
The requesting parent files a motion with the court that originally issued the custody order.
The petition must outline the substantial change in circumstances and explain how modification benefits the child.
Providing Supporting Evidence
Witness testimony (teachers, doctors, family members).
Documentation (school records, police reports, medical evaluations).
Attending Court Hearings
If both parents agree on the modification, the court may approve it without a formal hearing.
If there is a dispute, the case will go before a judge who will decide based on evidence and testimony.
Can a Custody Order Be Modified Without Going to Court?
In some cases, parents may be able to agree on a modification without a full court proceeding. Mediation or informal negotiations can help parents reach a new arrangement. However:
The court must approve any changes to ensure they align with the child’s best interests.
If parents disagree, a formal court hearing is required.
Why You Need an Attorney for Custody Modifications
Modifying custody orders in Indiana is a complex legal process, and courts have strict requirements for approving changes. An experienced family law attorney can:
✔️ Help you gather evidence to prove a substantial change in circumstances.
✔️ Represent you in negotiations or court hearings.
✔️ Ensure that your rights and your child’s well-being are protected.
📞 Need help with a custody modification? Call Vining Legal at (317) 759-3225 or schedule a consultation today.
Conclusion
Custody orders are designed to provide stability for children, but life changes may require modifications. Whether due to relocation, changes in parental fitness, or a child's evolving needs, Indiana law allows for custody modifications when they serve the child’s best interests.
If you believe your custody arrangement needs to change, don’t navigate the process alone. Get expert legal guidance today.
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