In Indiana, a Court considering a Custody Modification must look to the same factors that are used to establish the original custody order. These factors include:
(1) The age and sex of the child.
(2) The wishes of the child’s parent or parents.
(3) The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child’s parent or parents;
(B) the child’s sibling; and
(C) any other person who may significantly affect the child’s best interests.
(5) The child’s adjustment to the child’s:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent. I.C. 31-17-2-8
As you can see from the list, most of the factors deal with the child and the child’s relationships and ability to exist in school settings, family settings, and general community settings. What is missing from this list (or at least not specifically spelled out) is change’s in the parent’s circumstances.
When an initial custody order is made, the situation may be such that the non-custodial parent is struggling with an addiction issue, might not have an established place to live, etc. Overtime, many people are able to change their situations for the better. While this is clearly a good thing for the parent and the relationship that they have with the child, it is not necessarily something that the Court will consider if the parent makes a move to modify custody.
The Indiana Court of Appeals has stated on several situations that a positive change in a parent’s life does not establish a reason under the relevant statutes to grant a modification of custody. While it may impact a parent’s wishes (which is listed under the statute), the Court truly has to look at whether there has been a substantial change in the child’s life and whether it would be in the best interest of the child to make that change.
The Law Office of Jeffery M. Haupt is located in South Bend, Indiana and helps people handle family law issues such as divorce, parenting time, child support, paternity, child custody and criminal matters such as DUI/OWI, drug offenses, traffic offenses, etc. The information in this blog should only be used for educational purposes and not be construed as legal advice. Nothing in this blog creates an attorney-client relationship between me and any readers of this blog. No attorney-client relationship is created until you have a document from me saying so. DO NOT POST ABOUT CASE PARTICULARS IN THE COMMENT SECTION.
