Modifying Legal Custody in Indiana: A Guide for Parents
Legal custody plays a crucial role in the well-being of a child. However, when joint legal custody is not working, or circumstances change, modifying legal custody may be necessary. This guide provides an in-depth look at how parents in Indiana can modify legal custody, the factors courts consider, and how to strengthen your case.
Understanding Legal Custody in Indiana
Legal custody refers to the authority to make significant decisions about a child’s upbringing, including education, healthcare, and religion. Indiana law recognizes two types of legal custody:
Joint Legal Custody – Both parents share decision-making authority.
Sole Legal Custody – One parent has the exclusive right to make major decisions.
📌 Read more about legal custody in Indiana: Indiana Code 31-9-2-67
When Modification of Legal Custody is Necessary
Courts allow modifications to legal custody only when there is a substantial change in circumstances and when the change serves the best interests of the child. Common reasons include:
Inability to Co-Parent Effectively: When parents cannot communicate, constantly disagree, or undermine each other.
Change in Circumstances: Relocation, mental health concerns, substance abuse, or a parent’s inability to participate in decision-making.
The Child’s Best Interests: The court always prioritizes the child's well-being. If joint legal custody is harming the child, modification may be necessary.
📌 Legal standard for modifying custody: Indiana Code 31-17-2-13
Legal Requirements for Modifying Legal Custody
To modify custody, you must prove:
A substantial change in circumstances since the last custody order.
That the modification is in the child’s best interests.
Indiana courts use the best interests of the child standard to evaluate modification requests. Factors include:
The child’s age and sex.
The wishes of the parents and child (if the child is at least 14 years old).
The child’s adjustment to home, school, and community.
The mental and physical health of all involved parties.
Any history of domestic violence or neglect.
📌 Review the full best interests standard: Indiana Code 31-17-2-8
For cases involving joint legal custody, courts also assess:
The parents’ ability to cooperate.
Whether the current arrangement benefits the child.
If one parent consistently undermines the other.
📌 More about joint legal custody factors: Indiana Code 31-17-2-15
Building a Strong Case for Modification
To increase the chances of modifying legal custody, consider the following:
✅ Document Everything: Keep records of interactions, parenting time, and disputes with the other parent.
✅ Gather Evidence: Save emails, texts, and school/medical records showing difficulties in co-parenting.
✅ Focus on the Child’s Best Interests: Prove that the modification will improve the child’s well-being.
✅ Work with an Attorney: Legal guidance is essential to present a strong case.
Additional Resources
📌 Learn more about the best interests standard: Understanding the Best Interests of the Child Standard
📌 Learn more about co-parenting: Winning Custody: Co-Parenting Strategies
📌 Understand how to modify custody: How to Modify a Child Custody Order in Indiana
Conclusion
Modifying legal custody in Indiana requires careful preparation, strong evidence, and a focus on the child’s best interests. If you’re struggling with joint legal custody and need a modification, Vining Legal can help.
📞 Call or text (317) 759-3225 or Schedule a Consultation today for expert legal guidance.
