Following a child custody order is almost guaranteed to challenge a parent at some point. Whether due to issues with the other parent or changes with the needs of the child, child custody orders cannot cover all eventualities, and some degree of flexibility is often required to maintain cooperation. As any divorced or separated parent knows, finding common ground over raising a child is central to keeping interactions civil and the sharing of custody manageable. However, certain situations call for a more aggressive response, especially if it appears the current circumstances are hurting the child’s wellbeing.

Courts understand that it may be necessary to modify or change the parameters of an existing child custody order if it is no longer feasible or in the child’s best interests. Child custody includes both decision-making authority and physical custody rights, and either can be modified by a court. Further, while parents can informally agree to change the child custody arrangement established by court order without court approval, the new agreement is not legally binding and will not be enforced by a judge if there is pushback. Any parent that shares custody needs to know that modification is an option, and a discussion of when a court will consider modifying a custody order will be explored below.

A Court’s Approach to Requests for Modification

Indiana law says that a court may not modify a standing child custody order unless there has been a substantial change in circumstances since the last order was issued, and the best interests of the child would be served by a modification. The law goes on to specifically direct the court to look at the factors used to decide child custody issues generally, including:

• The wishes of the parents;
• The wishes of child, especially if over the age of 14;
• The child’s adjustment to school, home and his/her community;
• The quality of the child’s relationship with each parent; and
• The mental and physical health of the parents and child.

A recent decision by the Indiana court of appeals related to the modification of child custody provides a little insight into a court’s decision process, and underscores why parents sharing custody should be vigilant about ensuring the other party follows the terms of the custody order. A man sued for modification of child custody over his daughter’s mother’s refusal to have the girl vaccinated, which was mandatory under the existing custody order. Furthermore, both parents were supposed to have input on decisions affecting the child’s medical care, education, and religion. However, so she could attend school, the mother filed for a vaccination waiver based on religious objection, despite the father’s protests. The appeals court ruled the mother should be held in contempt because of the change in the mother’s ability to communicate and cooperate with the father to promote their child’s wellbeing, and ordered the lower court to modify the custody order accordingly.

Circumstances More Likely to Convince a Court

What constitutes a substantial change in circumstances is open to interpretation, but there are some situations that are more likely to convince a court that a revision of the custody order is necessary. First, if a parent is unavailable to care for the child, due to issues like substance addiction or mental health problems, the constant risk posed to the child is likely to move the court to alter the custody order in favor of the other parent. Second, a parent that intends to relocate to a place that is distant or out of state, and thereby directly impact the other parent’s ability to exercise parenting time, could lead to a modification. Finally, the most common reason for modifying a custody order is a gradual change to the needs of the child and the ability of a parent to effectively provide for the child that, when considered in totality, require an adjustment for the child’s best interests.

Get Help

Sharing custody of a child is not easy, and it is sometimes necessary to initiate legal action to protect your parental rights and your child’s well being if the other parent is being unreasonable. Christopher L. Arrington is a seasoned family law attorney that understands how sensitive child custody disputes are, and will work to get the custody arrangement you desire. If you live in Danville, Avon, Plainfield or the surrounding area, contact the office to schedule an appointment today.