Custody disputes can become especially tense when one parent wants to change an arrangement that is already in place—especially if things have been working, at least on the surface. Even when joint custody seems fine on paper, real-life challenges can cause one parent to push for a change.
In the case of Palma v. Keown (In re the Paternity of E.B.K.), the Indiana Court of Appeals stepped in to take a closer look at when custody can (and can’t) be modified. The court made it clear that judges can’t just change custody because one parent thinks it’s a better idea. There has to be a real, substantial change in circumstances, and that standard has to be strictly followed before any custody order is altered.
Background of the case
In Palma v. Keown, the case involved two unmarried parents raising their young child. After a paternity case was filed, they agreed to share joint legal and physical custody, and for a while, both stayed actively involved in their child’s life.
But as time went on, the father grew concerned, mainly about the mother’s stability and her current living situation. Believing things had changed in a way that might be hurting the child, he filed an emergency request to change the custody arrangement. He asked for primary physical custody and more say in major decisions affecting the child.
The mother strongly disagreed. She challenged both the father’s claims and the way the case was handled in court, arguing that the facts were not accurate and the process wasn’t fair.
The trial court’s ruling
The trial court ultimately decided that things had changed enough—and in a lasting way—to justify modifying the custody arrangement. The judge found that shifting custody would be in the child’s best interests and, based on that, gave the father primary physical custody along with more control over major decisions about the child’s upbringing.
The mother disagreed and appealed the decision, arguing that the evidence didn’t actually support such a big change. She also claimed that the court didn’t properly follow Indiana’s legal standards for when custody can be modified.
The appeal
When the case went up on appeal, the Indiana Court of Appeals stressed one of the core principles of Indiana custody law: custody arrangements aren’t meant to be changed lightly. To change an existing order, the parent asking for the change has to show two things: first, that there has been a significant change in circumstances, and second, that changing custody would truly be in the child’s best interests.
The appellate court took a close look at the trial court’s decision and the evidence behind it. While it recognized that there had been some tension and concerns between the parents, it ultimately found that the record did not clearly show a major change that was harming or putting the child at risk. In other words, conflict between parents alone isn’t enough to justify upending a custody arrangement that has been working.
The court also pointed out that the trial judge’s ruling didn’t clearly connect the alleged problems to any actual harm or danger to the child. That lack of detail raised red flags.
In the end, the Court of Appeals reversed the custody change and sent the case back to the lower court. Its message was clear: custody should not be changed based on vague concerns or frustration—it must be based on solid, specific evidence that a change is truly needed for the child’s well-being.
Talk to a Danville, IN, Child Custody Lawyer Today
Chris Arrington represents the interests of parents who want to make changes to their custody arrangement. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.