How to modify your custody order

After your divorce becomes final and there is an agreement stating what the custody of your children will be going forward, circumstances can change. It is not unusual for one or both parents to need a change in the child custody order because of a change in their life or employment.

Grounds for modification

First, you will need an attorney to file a petition to modify your custody order. In this document, you have to provide the reasoning for your petition. Typically, the court demands a significant change in circumstances since the original order was issued. For example:

• There has been a significant change in the parent’s life, such as a relocation, change of employment, or a serious health problem.
• The child’s needs have evolved, and a change in their education, health or emotional needs warrants an alteration to the original agreement.
• A request for custody modification based on the behavior or mental health of a parent. For example, issues such as substance abuse, domestic violence or criminal activity.

This list is non-exhaustive, and there may be other reasons for which a court may change an established child custody order. Speak with your attorney about your specific circumstances with as much detail as possible.

Changing a custody agreement in Indiana can be a complex process. However, a petition for a charge is not unusual, and courts do not look at it as odd unless parents are filing similar orders frequently. Your attorney can help you through this process and counsel you on what to do.