Modification of Custody
It is possible to obtain modification of a prior custody order. But, there are several specific hurdles which must be cleared to accomplish such a change.
The factors the Court considers
The Court may only modify a child custody order if modification is in the best interest of the child and if there is a substantial change in one or ore of the factors the Court is to consider in making its initial custody award in determining whether to change custody. Those factorss are:
- The age and sex of the child.
- The wishes of the child's parent or parents.
- The wishes of the child, with more consideration given to the child's wishes if the child is at least 14 years of age.
- The interaction and interrelationship of the the child with: the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interests.
- The child's adjustment to the child's home, school and community.
- The mental and physical health of all individuals involved.
- Evidence of a pattern of domestic or family violence by either parent.
- Evidence that the child has been cared for by a de facto custodian.
Stability for the child
Even under the "lessened" standard for modification of custody, the Court is to provide as much stability as possible for the child. The Court is to apply a more stringent standard to requests for modification than it is to intitial determinations for custody. The person seeking modification must show that the existing custody arrangement is unreasonable. The Court is to aim for continuity and stability in the life of the child in considering changes in custody.
Burden of proof
The party seeking modification of custody has the burden of proof. A party seeking to terminate visitation has the burden of proving that the child's physical health or emotional development is endangered by the visitation.
The modification standard is very high in order to achieve permanence and prevent the child from going back and forth between parent's homes.
You need a family law attorney who understands the Indiana child custody laws. Contact the family law section at Waters, Tyler, Scott, Hofmann & Doane -- (812) 949-1114. Weekend and evening appointments available; major credit cards accepted.
