If one thing remains the same, it is that circumstances change, and an agreement you entered into last year might no longer meet your needs this year. For that reason, child custody arrangements can be modified in Indiana. If either parent has recently experienced major financial changes, found a new job, moved, or your child is simply growing up, it may be time to revisit your custody order. In this article, the Danville, Indiana, child custody attorney, Chris Arrington, will discuss how to modify a child custody order in Indiana.
Grounds for Modifying a Child Custody Order in Indiana
For a parent to modify an existing child custody order, they must prove to the court that there is a substantial and continuing change in circumstances. This change in circumstances can include:
- The relocation of one parent
- A change in the financial status of one parent
- Health and safety concerns for the child
- Allegations of substance abuse
- Allegations of neglect or abuse
- Allegations of domestic violence
- An arrest or conviction
Filing a Petition for Modification
While modifying an existing child custody agreement is not necessarily a complex process, the real challenge is securing court approval for your modification. In most cases, you will need the help of an experienced Indiana family law attorney. Our counsel can guide you through the custody modification process and help ensure the court understands that a modification is in the best interests of the children.
The Legal Standard for Making a Child Custody Modification
The court will only modify an existing agreement if two conditions are met. First, there must be a substantial change in circumstances that the parent requesting the modification must prove. Second, you must be able to establish that the proposed modifications are in the best interests of the children. This could depend on factors such as:
- The age and sex of the child
- The wishes of the child’s parents
- The wishes of the child (for children who are old enough for their wishes to be considered)
- The child’s relationship with their parents and siblings
- The child’s adjustment to the home, their school, and community
- The mental and physical health of the child and parents
- Evidence of violence committed by one parent
What Happens During a Child Custody Modification Hearing?
There are two ways to modify a child custody agreement. First, both parents can sit down and discuss the matter with each other. If they reach an agreement together, the court is likely to approve the agreement. If the parties cannot reach an agreement, then they must appear in court to present their arguments for or against the proposed changes. In this scenario, a skilled child custody lawyer can be pivotal to getting the modification that you desire.
Talk to a Danville, Indiana, Child Custody Lawyer Today
Need to propose a modification to your child custody agreement? If so, then the Danville, Indiana, family law attorney, Chris Arrington, can be of service. Call our office today to schedule an appointment, and we can begin discussing your goals or concerns right away.