When Can I Modify My Child Custody Agreement in Indiana?

You may attempt to modify your child support agreement if someone other than the custodial parent has been caring for your child.

While a child custody agreement is legally enforceable, it is by no means written in stone. Circumstances may change for families in Indiana, and when these factors change, it might be in the child’s best interests to have a custody agreement modified. But when can you actually do this as a parent? How is a child custody agreement modified, and what is the best way to approach this situation?

These are all valid questions, and they’re probably best left answered by a legal professional. Not only can a child custody attorney in Indiana explain when and how custody agreements can be modified, but they can also help you move forward and pursue a positive legal outcome. With help from one of these legal professionals, you can modify your custody agreement and provide a better life for your young one. 

What is a “Change in Circumstance?”

You can only modify your child custody agreement in Indiana if there has been a significant change in circumstance within the family. There are very strict guidelines for what constitutes a “change in circumstance.” As with all decisions related to child custody, only the child’s best interests will be taken into account. This means that your own personal preferences and changing parenting priorities will not constitute a change in circumstance. Instead, only major changes within a child’s life will be considered. These include:

• The child has become much older since the divorce
• The child is not enjoying their current school, community, or home environment and needs a “fresh slate”
• The child’s mental health is beginning to suffer
• The custodial parent’s mental health is beginning to suffer
• The custodial parent is being neglectful
• The custodial parent is being abusive or violent towards the child

In addition, you may attempt to modify your child support agreement if someone other than the custodial parent has been caring for your child. This third party is known as a de facto custodian. If your child has been under the care of this third party for at least six months, you can have your custody agreement modified so that you become the primary custodian. 

It’s important to note that you must prove that a specific change in circumstance has occurred before the court will modify your agreement. Sometimes, this is difficult to prove, and it is often a case of “he said, she said.” This is why it’s so important to enlist the help of a qualified custody attorney. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Indianapolis area for a qualified, experienced custody attorney, there are plenty of legal professionals waiting to assist you. Team up with a committed attorney, and you can give yourself the best possible chance of modifying your child custody agreement. These attorneys understand how important your child’s life is, and they’ll help you fight for your rights as a parent. Book your consultation today.