People will come to me with a variety of reasons as to why they are wanting to modify custody. Sometimes the reasons to modify custody are valid and would likely result in a substantial change in circumstances, other times, it is often more just a desire of the parent than anything that would be considered by the Court.
Regardless of the reason that you are wishing to pursue a custody modification you need to make sure that your action is in the right court (meaning the right State). Typically, if you are in a situation where the child and the custodial parent live in another State and have done so for some time, then you would likely have to pursue your action for child custody modification in the child’s home state, even if the original child custody order initiated in Indiana.
Under the Uniform Child Custody Jurisdiction Act (UCCJA) Indiana courts will have continuing exclusive jurisdiction of a custody case until the Court determines that neither the child nor the child’s parents have a significant connection with Indiana and substantial evidence is no longer available in Indiana concerning the child’s care. Essentially, if the Court finds that it no longer has exclusive jurisdiction, then the Court would have to consider what State has been the home state of the child for the previous six (6) months.
Jurisdictional issues in child custody modification cases can be complicated an you should consult a family law attorney regarding your individual case.
