Making the Factual Showings in Custody Modification
Almost every two people hear about a situation and come up with a different opinion. This is because second hand reporting removes the context and non-verbal communication that may be present, such as grimaces, winces, and other body language.
Because of this, the Indiana Court of Appeals and Indiana Supreme Court give great deference to trial court judges in custody modification cases. In cases where there is a pure factual dispute, and no question of the application of the law ... Read More
24
Mar2016
15
Mar2016
In Indiana, the term custody includes two distinct concepts, namely physical and legal custody. Physical custody generally refers to the parent with whom the child will spend the majority of overnights with during a year. Legal custody focuses on which parent (or both) make major decisions for the children, focusing on health, education and religion.
This blog post explores these and modification and division of this legal decision-making. In a majority of cases, legal custody is not at issue at all or to the degree with physical ... Read More
06
Jan2015
Child custody is often one of the lengthiest processes in family law, and continues on, often for several years until the child is emancipated. Custody is often ongoing and fluid. Maybe the work schedule of the parents has changed or a parent is required to move for a job. These and many other factors can cause custody or parenting time modification to be filed and addressed, either by agreement or Court Order.
In order to modify child custody, there are several factors that are explored, including, the ... Read More
16
Oct2014
In family law matters and matters involving custody modification, the underlying basis is what is in the best interests of the children. However, what about the direct wishes of a child? How are those determined and used in initial custody matters and modification of custody?
Custody can be modified if there is a substantial change in circumstances and the modification is in the best interests of the child1. The factors to be considered to determine if there has been a substantial change in circumstances include many parts, including the age and ... Read More
02
Sep2014
Once an initial custody determination is made and parenting time is determined, it is not etched in stone. However, a modification of custody requires more than simply stating “this is not working out”. The party seeking to modify child custody must show that there has been a substantial change in the factors for determining custody, and a modification is in the best interests of the child1.
Some major events can give rise to a petition to modify custody due to the serious nature ... Read More
26
Jun2014
There are two (2) types of custody placements-initial and modification. Initial custody is determined at an early hearing-for example, a hearing to establish paternity or a final dissolution hearing in a divorce. Any change or amendment to custody after that initial custody determination is known as a custody modification.
Initial custody and custody modification are based on several factors, and is based upon the best interests standard (i.e. what is in the best interest of the children). Other factors to be considered ... Read More
07
Dec2012
In family law matters, custody will be determined as an initial matter to a divorce or paternity proceeding1 or can be later modified once it has been established2. There are several factors that determine physical and legal custody, with the best interest of the child(ren) being paramount.
However, once custody is established, can custody be changed? The answer generally is yes; however, there are limitations to changing or modifying custody. For example, if an initial custody determination is made and Father is granted physical custody, Mother ... Read More
03
Apr2012
One rather complex issue is what evidence a parent has to put on at trial to receive more parenting time. Is this burden different from a physical custody modification since the net result can be deemed a change in how much time a child spends with the non-custodial parent, including more overnights, up to equal time?
As advocates with a focus on education, Ciyou & Dixon, P.C. attorneys routinely go over these subtle distinctions with clients. We hope ... Read More
15
Mar2012
Testing Reliability of Information: Stereotype Induction and Source Monitoring
A common occurrence in domestic (divorce or paternity) litigation involving children, from parenting time disputes to custody modification, is for a court to order a custody evaluation (A party may also be ordered to participate in Domestic Relations Counseling Bureau evaluation for this purpose if available. Ind.Code § 31-12-1-1. In addition, a party may seek a custody evaluation as a part ... Read More
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