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Hamilton County, Indiana Child Custody Modification Attorney

Child custody rights (legal, physical, parenting time) are established by agreement or litigation, resulting in either event in a court order, during a divorce, legal separation or paternity (children born out of wedlock) cause of action. While the initial custodial arrangements may work for some time, life can (and often does) change significantly in the months or years to come. Changes that may justify custody and/or parenting time modifications include, but are not limited to: children growing older, medical and mental health needs of the children or the parents, children’s activities and schedules, children’s desires, the interrelationship of the children with their parents or others, living arrangements of the parents, lifestyle choices, drug or substance abuse, alcoholism, violence, relocation and more. When circumstances arise in which a modification of the court order is appropriate, it is necessary to obtain a valid modification, i.e. the court’s order must be modified through the court – verbal agreements between the parties to modify custody, parenting time and/or child support are not enforceable or valid.

I am very knowledgeable with custody and parenting time modifications, with more  than 20 years of hands-on litigation and mediation experience. I am not only a family law litigator, but also a registered domestic relations and civil mediator, averaging 2-3 mediations and hearings per week. I have been recognized by Super Lawyers in family law every year from 2020 to 2024. Known for being empathetic and understanding, yet knowledgeable and confident, I can help you explore your legal options and seek the modification you and your children need.

Common Reasons For Seeking A Modification

child custody modification could be needed for a variety of reasons, as noted above. There are a few different types of potential modifications to consider, such as:

  • Physical custody, which addresses where the child lives (physical custody may be held primarily with one parent, shared equally between the parents – with an equal parenting time schedule, and uncommon but possible, a split custody arrangement when multiple children are involved);
  • Legal custody, which addresses the parents’ decision-making power (legal custody may be held solely with one parent, exercised jointly (equal authority) between the parents); and/or
  • Emergency, urgent, temporary or permanent modifications, depending on the nature of the changed circumstances.

Custody is not always divided similarly. For instance, one parent could have sole legal custody but share physical custody.

Legal Standards For Modifications

The main criteria for a modification request (custody or parenting time) is generally under a vague standard: whether it is in the best interests of the child. Courts seek to maintain a relationship between the child and both parents, when possible, that is safe and healthy for the child. However, courts issue  modifications if they benefit the child, ensuring the child enjoys safety and an environment to thrive. It is very important and necessary to be able to demonstrate that there has been a significant change in circumstances (perhaps many changes) that warrants the modification.

Starting The Modification Process

The process for requesting a modification starts with filing a motion with the court. Many counties in Indiana, including Hamilton County, require mediation before you may proceed to a final hearing on modification issues. Typically, discovery is necessary and preparation for mediation and potentially a temporary and final hearing before the judge. Often times a guardian ad litem or custody evaluator appointment by the court may be appropriate.

An experienced attorney like me at Smith Legal LLC can assist in ensuring you have the proper basis to file, filing the proper motion and allegations, gauging if a guardian ad litem, custody evaluator or other experts are necessary to retain for consulting and/or court testimony, engaging in discovery of evidence, moving the case along to negotiations, mediation, and presenting your case, if necessary, to the court. Call 317-953-2572 or use the contact form to schedule a free 15-minute phone consultation with me to discuss your potential modification of custody and/or parenting time.