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Modification of Custody

Indiana Child Custody Modification

How to Modify Child Custody in Indiana

When you and your child's life has experienced a substantial change, it may be time to modify your current custody plan. Our Carmel custody modification attorneys can assist our clients with modifying child custody plans to reflect the changing needs of their child. Our team at Roberts Means Roncevic Kapela in Carmel and Indianapolis can offer you support through the modification process and resolve disputes that arise from the other parent.

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How Is Child Custody Determined in Indiana?

When children are involved in divorce or separation, child custody must be arranged. It can be agreed to by the parties in a settlement or determined by the court after a hearing. The court must consider the best interests of the children when determining custody. When a settlement is reached by both parents, the court must still approve the agreement to ensure it places the child’s best interests first.

Can a Custody Order Be Altered Once It Is Ruled Upon?

If you are not pleased with the custody order and wish to modify the terms, you can bring the case forward in court. Be sure to follow the legal guidelines in Indiana State law. Also, provide evidence to support your petition, showing why it would be in the child's best interests to have the custody matter modified.

Keep in mind there are two forms of custody: physical and legal. A party may request to modify either physical custody, legal custody, or both. When a party requests a modification of custody, the Court must find that both elements of the applicable statute have been satisfied. This can be a difficult burden for the requesting party to meet. For instance, a change in the non-custodial parent’s circumstances is not a substantial and continuing change so as to warrant a modification of custody. So a change in the non-custodial parent’s circumstances – better job, better home, more stable overall – will not in and of itself be sufficient to modify custody.

With respect to legal custody, a modification from joint legal custody to sole legal custody may be appropriate if it is shown there joint has been a breakdown in communications between the parents such that they can no longer communicate with one another to make the child-related decisions. The breakdown in communication can involve verbally or electronically abusive comments, or could simply be a failure of one parent to participate in decision-making that negatively impacts the child (e.g. missed sign-up deadlines).

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Why Choose RMRK?

Qualities that Break the Stereotype
  • Placing a focus beyond the case to understand our clients’ objectives and big-picture goals.
  • Listening to and collaborating with our clients to develop a shared strategic vision.
  • Accomplished attorneys who are annually rated by their peers for inclusion on the prestigious list of Indiana SuperLawyers.
  • Unafraid to make difficult decisions and eager to confront the challenges facing our clients.

What If My Ex-Spouse Does Not Agree to Change Custody?

Custody is often modified when one parent does not believe it is in the best interests of the child for the other parent to have custody. The party seeking the change of custody will file a petition with the court alleging that there has been a substantial change in circumstances that warrants a modification of the court's prior custody order. The court will then schedule a hearing where both parents will be able to present the necessary evidence to support their respective positions and modification request.

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Retain an Indianapolis Child Custody Lawyer Today

If you need to have your child custody arrangement modified or are seeking to protect the order from the other parent’s petitions, be sure to call on Roberts Means Roncevic Kapela for support. Our team of seasoned and compassionate Carmel child custody attorneys is fully prepared to help with your case. We can use our years of insight to resolve your case in a favorable manner!

Ready to talk about your child custody needs? Contact our Carmel, IN child custody modification lawyers at (317) 569-2200 to discuss your best options. We can advocate for clients in Carmel, Indianapolis, and throughout all of Central Indiana!

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