Life changes. The only certainty in life. And when it does, custody, parenting time and child support orders may no longer reflect your situation or your child’s needs. Indiana law allows modifications of custody, parenting time and child support. However, the process of modification requires meeting very specific legal (statutory and case law progeny) standards.

What the law requires for custody modifications

Indiana Code § 31-17-2-21 sets the rules for modifying custody orders in divorce matters. Indiana Code § 31-14-13-6 is the applicable statute in paternity cases. A court may only change an existing order when two conditions are met. First, there must be a substantial change in one or more of the statutory factors courts consider when making custody determinations. Second, and more importantly, the modification must serve the child’s best interests.

Minor or temporary changes do not meet these standards. Courts look for shifts that seriously affect whether the current orders still support the best interests of the child.

Custody modifications include changes to legal and/or physical custody. Examples of custody modification are a change from joint legal to sole legal or shared physical to primary physical. While statutes are not particularly clear on a differentiation between the two for modification purposes, knowledge of relevant case law, the Indiana Parenting Time Guidelines and judge’s perspectives (only derived from actual litigation experience) all play a role in effectuating modification.

Common reasons parents seek modifications

Several circumstances may support a modification of custody and/or parenting time request. Courts will consider situations such as:

• Relocation: A parent moving to a new city or state may make the current schedule unworkable.
• Work schedule changes: A significant shift in a parent’s hours can affect availability and parenting time.
• Child’s evolving needs: The lifestyle and needs of the child, such as: academics, activities, sports, work, healthcare, special needs and more facts about the child all matter. When children are 14 and older, the Courts can (not mandated) give greater weight to the child’s desires.
• Safety concerns: Evidence of abuse, neglect or an unsafe home environment (due to substance abuse or unmanaged mental health conditions) may prompt an not only a modification, but an urgent or emergency review.

Meeting one of these conditions does not guarantee a modification. The court still weighs all factors before ruling.

How child support modifications work

Child support modifications rely on a completely different set of statutes from custody modifications, although a custody (or parenting time modification) frequently results in a child support obligation modification. Under Indiana law, either parent may request a modification if at least 12 months have passed since the last order. A modification may also be available sooner than 12 months if there is a substantial and continuing change in circumstances that make the prior (existing) child support order unreasonable. Significant shifts in income or custody/parenting time are the leading causes for child support modifications. Courts examine both parents’ current financial situations before adjusting a child support order (which may also impact contribution to other child-related expenses by both parents). See Indiana Code § 31-16-8-1.

Contested vs. uncontested modifications

If both parents agree, they can submit an agreed order modifying custody, parenting time and/or child support subject to  court approval. Uncontested changes move faster and do not require a hearing. If parents disagree, the court schedules a hearing where each side presents evidence (typically after the parties are required to mediate beforehand). Contested cases can take several months to resolve.

You may talk to a family law attorney about your options

Custody, parenting time and child support modifications involve detailed procedural requirements and evidentiary standards. Smith Legal LLC can review your circumstances and help you determine whether pursuing a modification is appropriate.