In child custody disputes, whether initially made with a divorce or paternity filing, or on with a modification petition, the court decides child-related issues before it by determining what is in the best interests of the child. With most cases, a party seeking custody, as well as the court, want to “hear” from the child in some way. This blog explores the four key ways a child’s voice, views, and positions can be presented to a court for it to ...
Tag: custody modification
The Impact Upon Children in a High Conflict Custody Case This blog discusses the importance of trying to resolve disputes in high conflict custody cases to try to avoid emotional harm to the children. Often in high conflict cases involving child custody disputes, the single most important factor is ignored by the parties: “what is in the best interest of the child”. Many times, the conflict begins because one party, the non-custodial parent “wants” something, usually more time with the child, and the custodial parent ...
Law changes ever so imperceptibly every day. It has to in order to keep up with our society and afford each of us the right to achieve “life, liberty and happiness” through due process of law. The right to due process of law protects the family that is singled out for the most protection in the Constitution —there is a fundamental right of parents to raise their children as they see fit, even if other people or government believes ...
Custody is initially determined by the courts in divorce or paternity by considering statutory factors, including the age of the child, his/her adjustment to their home, school, community, and the mental and physical health of all individuals involved.1 In this situation, there is no preference for either parent. Psychologically and socially, children need stability so custody is not as easy to modify. However, custody can be modified by a court upon a showing of substantial change in the initial custody factors, and that a modification would be ...
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 ...
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 ...
January 6, 2015 / Custody Modification
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 ...
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 ...
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 ...