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Originally Posted On: https://ciyoulaw.com/child-custody-modification-checklist/

Child Custody Modification in Indiana: A Checklist

Even after an initial child custody order is in place, circumstances can change, prompting the need for a modification. In Indiana, either parent can request a modification of the existing custody arrangement if there has been a substantial and continuing change in circumstances. If you find yourself in this situation, the advice of a family law attorney will help you immensely during this process. This blog will explain what items can help you navigate child custody modification in Indiana.

First, understand the legal requirements for modification in Indiana. The courts consider the best interests of the child when evaluating a request for custody modification. To demonstrate a substantial change in circumstances, you may need to provide evidence of factors. These factors are as follows: (1) a change in the child’s needs or preferences; (2) a change in one parent’s living situation or employment; (3) a change in one parent’s ability to care for the child; and (4) evidence of parental misconduct or neglect.

Additionally, gather relevant documentation collect and organize the following documents to support your modification request: (1) a copy of the current custody order; (2) records of any significant changes since the last order (e.g., job changes, relocations, medical records); (3) evidence of your involvement in the child’s life (photos, emails, texts, etc.); (4) financial documents; (5) records of child-related expenses (medical bills, daycare receipts, etc.); and (6) any relevant legal documentation (restraining orders, police reports, etc.).

Prepare a proposed parenting plan to demonstrate your proposed custody arrangement’s suitability, create a detailed parenting plan outlining: (1) legal custody (decision-making authority); (2) physical custody (where the child will reside); (3) visitation schedule; (4) holiday and vacation arrangements; (5) child support and expense-sharing; (6) communication methods between parents; and (6) dispute resolution procedures. Engage in mediation or negotiation before filing a formal modification request, Indiana courts often require parents to attempt to mediation or negotiation. This process involves working with a neutral third party to reach a mutually agreeable custody arrangement. Be prepared to compromise and prioritize your child’s best interests. Attend hearings and evaluations depending on the specifics of your case, the court may order additional hearings, evaluations, or investigations. Prepare for this by gathering relevant information, being transparent, and demonstrating your commitment to your child’s well-being. 

While not mandatory, it is highly recommended to seek legal representation from an experienced family law attorney in Indiana. They can guide you through the modification process, advocate for your rights, and ensure that your child’s best interests are represented in court. Navigating a child custody modification can be complex, but following this checklist can help ensure you are well-prepared and increase your chances of a favorable outcome for you and your child. Ciyou & Associates, P.C. attorneys have experience in child custody modifications throughout Indiana. We are here to help you during the process of custody modification. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services, as this is an advertisement.