Child custody proceedings tend to be confusing and emotional times. Whether it be an initial custody proceeding or a modification of a pre-existing custody order, the process always seems to be draining on all involved parties. However, you can relieve some of the emotional burden by understanding the basic workings of child custody in Indiana. In this blog, we provide four things to know about child custody in Indiana. Physical and Legal. The first thing to know about child custody in Indiana is that it is divided into two distinct categories. First, there is physical custody. Physical custody simply means the ...
Tag: indiana child custody modification
July 16, 2020CD
In most post-divorce cases, there comes a time when a non-custodial parent believes it is “time” to go back to court and move to modify custody. One major mistake parents make is equating the betterment of their life with a substantial change for their children to modify child physical custody. Custody modifications are not uncommon, and presupposing you are not making this mistake, what you need to establish to likely prevail in your modification case is based on three components that are explored in this blog post. Is this your case? The basis. While the advanced age of the children (i.e. ...
September 23, 2019CD
Permanency and stability are keys for children; Courts are mindful of this in considering all requests for custody modification in a child’s best interests. For this reasons, Indiana trial courts and attorneys are reluctant to entertain “emergency” motions for child custody modification in all but extraordinary situations because this is incongruous with taking the time to allow the attorneys to develop the evidence and present the case. However, there are four somewhat common situations where a trial court may set an emergency hearing and modify custody, if the right evidence is present: (1) criminal arrest or conviction; (2) drug or alcohol ...
November 23, 2016Adam Hayes
Stability and continuity of home life for children after divorce is a strong policy found in Indiana’s custody modification statutes and case law. Specifically, a parent who does not have physical custody can file a petition to modify such custody to him or her. However, the non-custodial parent must demonstrate a substantial change in circumstances and it is in the children’s best interests to modify physical custody. Typically, of the eight statutory factors1 a court may consider, general dislike or issues with a step-parent—standing alone—is not sufficient to meet this burden. In fact, psychological research and experiences of family law attorneys ...
August 2, 2016Adam Hayes
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 sex of the child, the child’s adjustment to home, school, ...
October 16, 2014CD