Usually, parties to a divorce feel some sense of relief once the process is over and the judgment of dissolution is in hand. Now that decisions have been made about the division of legal and physical custody of a couple’s children, all that remains is carrying out the plan entered and approved by the court. Typically, the transfer of a child between parents and the division of responsibility related to decisions about the child’s well-being occur without issue, at least at first. There may come a point when the parents disagree, or the living situation of a parent changes in a way that is detrimental to the child. What is the other parent to do?

The state always prioritizes the best interests of the child over that of the parents, and if there is sufficient evidence to show a parent’s home is unsafe, or the child is suffering a decline in health under a parent’s care, it is possible to petition the court for a change to the child custody order. An overview of the process to change child custody, and a recent Indiana Supreme Court decision on this issue, will appear below.

Child Custody Modification Court Case

A recent decision by the Indiana Supreme Court provides a framework for the types of evidence necessary to justify a change in the custody arrangement. In this case, the Supreme Court overturned a child custody modification granted by the appeals court giving custody of the daughter to a mother living in Oregon. The mother alleged the child was not doing well in school, spent large amounts of time in before- and after-school care due to the father’s long work day, and did not get along with the father’s girlfriend. The Supreme Court found the appeals court needed to look at the changes in both households and the consequential impact on the child and not just the changes in the father’s life. Further, the mother’s claim that the father’s girlfriend posed a physical threat to the child was not supported by the evidence, as no details were provided and the mother did not testify about any incidents of violence. Importantly, the court noted that a move to Oregon would not be in the child’s best interest since it would negatively impact her close relationship with the father and grandparents. This case shows that courts will look at both parents to see which offers the better environment for the child and not just the changes in one parent’s life.

What the Court Considers in Child Custody Modifications

First and foremost, courts look at what is in the best interest of the child when deciding modification to child custody. To help them determine what the best interest of the child is, courts examine a number of factors set out in provisions of Indiana law. Some of the factors a court reviews include:

• The quality of the relationship the child shares with the parents, siblings, and other people significantly affecting the child’s best interest;
• How well the child is adjusted to school, home, and the community; and
• The physical and mental health of all the parties.

Courts will not consider evidence of events that occurred before the last custody decision was issued unless it affects one of the factors listed above.

Speak with a Family Law Attorney

If you believe the current child custody arrangement is no longer appropriate after time and/or a change in circumstances, you will need court involvement to make any changes binding and enforceable. Hiring a lawyer to represent you in this kind of matter will put you in a stronger position to get the outcome you think is best for your child. Christopher L. Arrington works with clients in the Indianapolis area on a variety of family law issues. Contact him to schedule an appointment, and start moving your family in a new direction.