Steps In An Indiana Custody Case
In this video, I'm gonna talk about the typical steps you go through in a custody case. If you haven't been through this process before, it is good to understand the steps you go through when you file a motion to modify custody. So about me, my name is Nathan Vining. I'm a family law attorney in Indianapolis, and I represent individuals in family law cases throughout the state. By the end of this video, you should know more about the steps involved in a custody modification.
1. File the Petition to Modify Custody
So the first step when modifying custody is to file a petition to modify custody. In this petition, you state to the court what has changed since the last order, and allege that those changes impact your child's best interest and as result, custody needs to be modified.
2. Preliminary Hearing
The second step in a custody case is the preliminary hearing. A lot of courts will hold a shorter hearing at the beginning of the case and hear limited evidence to see what is happening, and see if there's any initial changes that need made to the order. Here, there could be complete changes in custody at this step, or sometimes they just make slight parenting time modifications. It really just depends on your situation and the evidence.
3. Discovery
The third step is discovery. This is the evidence-gathering portion of the case, and you will request information from the other party as well as assemble things on your own, like school records and medical records.
4. GAL Investigation/Custody Evaluation
Sometimes, it's even beneficial to get a third party involved, and that's the fourth step, which involves either getting custody evaluation done, or getting a guardian ad litem. Here is where a third party will interview the parties, the children, and make custody recommendations to the court. This isn't necessary in every case, but it can be helpful in some cases.
5. Mediation
The fifth step is mediation. A lot of counties in Indiana will require the parties sit down with a mediator and attempt to reach an out-of-court resolution. Sometimes, it may not seem like an agreement is possible, but we have had a lot of success with mediation and sometimes cases that you don't expect do settle.
6. Final Hearing
And the last step is the final hearing. This is usually a half day or full day hearing with multiple witnesses where you present your custody case.
So now you should know a bit more about what steps are involved in your custody modification. If you need help or have questions, you should follow my page. You could find out more information about custody and parenting time, or you can give me a call or text me. I'd be happy to answer any questions you have.