Many parents in Indiana don’t realize that their current child custody arrangement isn’t set in stone. If your arrangement isn’t working out for you, you can request a child custody modification that allows the judge to revise your arrangement. While the judge ultimately has the final say, a modification could give you more flexibility over your parenting plan.
When can you request a child custody modification?
According to family law, the judge makes the final decision on your child custody plan. For this reason, you shouldn’t request a modification unless you absolutely need one. If they think that your reason is frivolous, you might find it difficult to request a modification in the future.
However, you can request a modification if you believe that your child needs to be removed from the other parent’s custody. This could involve cases of child abuse and endangerment, domestic violence, child abandonment, neglect and other situations where your child might be in danger. If you have reason to believe that your former spouse is an unfit parent, you should bring it to the court’s attention as soon as possible.
You can also request a child custody modification if you or your former spouse relocate. For example, if your former spouse moves to another state, it’s not reasonable to expect your child to stay with a different parent every week. However, you might have to show the judge that you attempted to make it work before requesting a modification.
If your former spouse isn’t adhering to the schedule, you can also request a child custody modification. The judge might rule differently if you can prove that your former spouse is trying to sabotage your relationship with your child.
Should you hire an attorney when you request a modification?
An attorney could help you successfully request a child support modification. They might help you present evidence that shows that you and your former spouse tried to make the current plan work, but found that it was interfering with your lives. If necessary, they could also help you prove that your former spouse is unfit to raise a child.