Understanding the Indiana Custody Modification Process
If you are considering modifying child custody in Indiana, it is essential to understand the legal process. Whether you are seeking more parenting time or a complete change in custody, modifying a custody order involves several legal steps.
This guide outlines the six main steps in an Indiana custody case, helping you navigate the process and prepare for court.
📌 Related Reading: How to Modify a Child Custody Order in Indiana
Step 1: Filing a Petition to Modify Custody
The first step in a custody modification case is filing a Petition to Modify Custody with the court.
✔️ This petition must state:
What has changed since the last custody order.
Why the modification is in the child's best interests.
📌 Legal Standard for Custody Modification: Indiana law requires a substantial change in circumstances that affects the child's well-being.
📌 Related Law: Indiana Code 31-17-2-21
Step 2: Preliminary Hearing
Some courts hold a preliminary hearing to determine whether any immediate changes should be made while the case is pending.
🔹 What Happens at a Preliminary Hearing?
The judge hears limited evidence from both sides.
The court may temporarily adjust custody or parenting time.
The hearing determines if there is an urgent reason for a custody change (e.g., safety concerns).
Step 3: Discovery (Gathering Evidence)
The discovery phase is where both parties collect evidence to support their custody claims.
✔️ Common types of evidence include:
School and medical records (attendance, performance, health concerns).
Parenting time records (documented involvement in the child’s life).
Text messages, emails, and social media (communication between parents).
Witness statements (testimonies from teachers, family members, etc.).
📌 Related Reading: Winning Custody: The Power of a Parenting Time Journal
Step 4: Guardian ad Litem (GAL) or Custody Evaluation
In some cases, the court appoints a Guardian ad Litem (GAL) or orders a custody evaluation.
🔹 What does a GAL or Custody Evaluator do?
Interviews both parents and the child.
Visits the home environments.
Reviews records and gathers witness statements.
Prepares a custody recommendation for the court.
📌 Related Reading: What is the Role of a Guardian ad Litem?
Step 5: Mediation
Many Indiana courts require mediation before a custody case proceeds to trial.
🔹 What Happens in Mediation?
Both parties meet with a neutral mediator to negotiate an agreement.
The goal is to resolve custody disputes without going to trial.
If mediation is successful, the parties submit an agreed custody modification to the court.
📌 Why Mediation Matters: Even if you think an agreement isn’t possible, many cases settle through mediation, avoiding a long court battle.
Step 6: Final Custody Hearing
If mediation does not result in an agreement, the case goes to a final custody hearing (also called a custody trial).
🔹 What Happens at a Custody Hearing?
Both parents present evidence and testimony.
Witnesses (teachers, doctors, etc.) may testify.
The judge evaluates the case based on Indiana’s best interest standard.
A final custody order is issued.
📌 Indiana’s Best Interest Factors: Indiana Code 31-17-2-8
📌 Related Reading: Understanding the Best Interests of the Child Standard
Do You Need an Attorney for a Custody Modification?
While you can file for custody modification on your own, having an attorney significantly improves your chances of success.
✔️ An experienced family law attorney can:
Ensure proper filing of custody petitions.
Gather and present strong evidence.
Negotiate a favorable agreement in mediation.
Advocate for your child’s best interests in court.
📞 Call or text (317) 759-3225 or Schedule a Consultation today to discuss your custody case.