Disputes involving custody tend to be the most contested when one of the parents wants to alter the existing custody agreement. However, the Indiana courts take a careful approach to custody modifications. A recent case decided by the Indiana Court of Appeals illustrates the process of evaluating contested custody modifications and the reasons why the appellate courts rarely overturn the decisions of the trial courts.

Background of the case

This case stemmed from a paternity proceeding between unmarried parents who shared a child. Initially, there was an existing custody order that had been in place for several years, with one of the parents exercising primary physical custody of the child. However, over the years, there were issues between the parents regarding how they were parenting the child, how they were communicating with each other, and the general well-being of the child.

The mother filed a petition to modify the original custody order on the basis that there were substantial changes in circumstances and that the best interests of the child would be met if the custody order were modified. After an evidentiary hearing, the court agreed with the mother’s contention and modified the custody order to give the mother sole custody of the child and restricted the father’s visitation time in accordance with the Indiana Parenting Time Guidelines.

The father appealed the decision of the court on the basis that there was no evidence to support the modification of the initial custody order and that the court had abused its discretion in changing the custody order instead of maintaining the initial order.

The appeal

In its review of the appeal, the Indiana Court of Appeals reiterated the applicable legal standard for custody modification. As a general rule, the court held that a custody modification will not be granted unless the modification is in the child’s best interests and there has been a substantial change in one or more of the custody factors.

In reviewing the custody modification, the Court of Appeals stressed that the abuse of discretion standard of review will be applied to the trial court’s custody determination. The abuse of discretion standard of review recognizes that the trial court has the best view of the evidence, since it has the opportunity to observe the demeanor and credibility of the witnesses.

In reviewing the evidence, the Court of Appeals held that there was sufficient evidence to support the trial court’s determination. The evidence indicated that there was conflict between the parents, concern about the father’s ability to make decisions for the child, and evidence that the child’s stability and welfare would be better served with a modification.

Since the evidence supported the trial court’s determination, and the determination was based on the applicable statutory framework, the Court of Appeals affirmed the custody modification.

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Chris Arrington represents the interests of parents who need to draft or modify a custody agreement. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.