Custody modifications do not come to an end after the first court order is made. With changing situations, one or even both parents may find it necessary to seek modification of the custody order to suit the needs of the child. Below, we discuss a real Indiana family law case dealing with a custody modification. This case provides important insights into what is considered a substantial change in circumstances.

Indiana Child Custody Modification Case 

Two litigants were parents to a minor child who had a custody arrangement that had been in effect for a good deal of time. At one point, there were serious concerns about the suitability of the child’s environment while he was being cared for primarily by his mother. The father sought to modify the custody arrangement based on a “substantial change in circumstances.”

During the trial, the court considered several factors related to how the child was being treated and raised, as well as the child’s living environment. Based on the testimony of both parties, the court found that the child’s welfare was being negatively impacted. As such, the court saw fit to change the custody agreement. This, the court considered, was in the best interests of the child.

The Appeal

The mother appealed the trial court’s decision. She argued that there was no adequate basis to prove a substantial change in circumstances, thus, a modification of custody was unjustified. In its review of the lower court’s decision, the Indiana Court of Appeals deferred to the lower court for weighing and assessing the credibility of evidence since such tasks can be best accomplished by the trial court. 

In this case, the Indiana Court of Appeals affirmed the decision of the trial court. Specifically, the court pointed out that modifying child custody involves two requirements in Indiana:

• The existence of a substantial change in one or more statutory factors under Indiana Code § 31-17-2-8
• The modified arrangement is in the best interests of the child

In this case, both conditions were met.

Most importantly, the appeals court stated that it would not reweigh evidence nor assess witness credibility in its examination of a lower court’s decision. Rather, it only determines whether there is sufficient evidence in the record for making such decisions. Since the record proved the child’s environment was problematic and that the father was capable of offering better stability and support, the appellate court affirmed the modification of custody.

What Does it Mean?

Three principles are established in the aforementioned case. Firstly, a court order for custody can be revised if there is a material change in circumstances. Nevertheless, every change of circumstances cannot lead to a revision of the custody order. There should be a significant change that affects the best interests of the child.

Secondly, the court will decide on the best interests of the child. Even when a significant change is established, the court must consider the child’s best interests. 

Lastly, appeals courts will defer to trial courts on custody issues. Trial courts can evaluate evidence and hear testimony. Appeals courts can only review the record.

Talk to a Danville, IN, Child Custody Lawyer Today

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