Since you first had put together your custody agreement, your life may have taken a dramatic turn. Life changes and sometimes quickly and drastically. If the custody arrangement you had with your ex-spouse is no longer viable, you may be wondering if you can file an emergency custody modification.
Each state has its own laws for divorces and custody agreements. In Indiana, the good news is that if you find yourself needing to change your child custody or support order, there are steps you can take to quickly respond.
Custody arrangements are not always permanent. Sometimes, they can be highly complex or need adjustments. Christopher L. Arrington is a Danville, IN child custody lawyer who can help you seek a child custody or child support modification. Whether you need to arrange an initial custody agreement, make a modification to your existing Indiana child custody agreement, or need help with other family law services, Christopher L. Arrington can assist you and support you to the fullest extent.
How Does an Emergency Child Custody Modification Happen in Indiana?
There are several reasons why a person may need to quickly change the custody agreement they have with their ex-spouse. For example, your ex may have primary custody of your children and be about to move overseas, keeping you from your children. This would clearly be a distressing situation to be in, and you would need to act quickly.
When life takes a sharp turn and your relationship and access to your children are affected, there are steps you can take.
To have an emergency motion approved, you must first prove that the modification is necessary because without it, the child’s best interests will not be served. You must also show that the changes in your situation are considerable and warrant a modification. The judge will then consider the following factors:
- Your child’s age and their sex.
- What the parents of the child want.
- What the child wants. Older children are given more credence. The testimony of a child aged 14 or older will be taken more seriously by a judge.
- The child’s relationship with their parents, siblings, home, school, community, the impact on their mental health, important mentor in the child’s life, the child’s ability to adjust, or the presence of abuse.
It is possible to have the courts allow your petition to move forward on a temporary basis with a corresponding emergency hearing. Then, it is likely that the court will schedule a full hearing down the road for your ex to counter your allegations.
Speak With an Indiana Child Custody Attorney Today
Being granted an emergency hearing for a child custody modification is not an easy task. There is much to do and to show the court. It can be a highly complicated process but it can be done. Christopher L. Arrington can provide you with the guidance you need to help you with all your family law issues in Indiana like emergency child custody modification.
Call Christopher L. Arrington, a Danville child custody attorney today to schedule a free consultation at (317) 745-4494.