Orders governing child custody and visitation in the State of Indiana can be modified in certain situations. Orders that govern the custody and visitation of a child are often issued by courts when the child’s parents have legally separated, divorced, or are no longer in a relationship.
A child’s parent can request a change to their order, called a modification, for many different reasons, including, but not limited to:
- The death of the custodial parent
- Incarceration of the custodial parent
- A parent would like to relocate to another state
- One parent is not following the order
- A parent thinks the child is in danger
In Indiana, if, for some reason, the custody or visitation order no longer works for the child’s parents or if they are no longer able to adhere to its terms, it may be modified. If a parent has valid grounds for making a modification request, they can follow the requirements of the State of Indiana for petitioning the proper court.
For more information on requesting a modification of a child custody or visitation order in Indiana, a parent should schedule a legal consultation with a local attorney in Indiana.
When Can You Modify a Custody or Visitation Order?
When a parent or other party to a custody or visitation order has legal grounds to request a modification, the order may be modified. Any modification request received by an Indiana court will be decided using the child’s best interest standard, as the court does when making any child custody decisions.
There are some common grounds that parents may have for requesting modifications, such as changes in job situations or the needs of the child. Other examples of modification grounds are discussed below.
A parent is not following the terms of the order
A visitation or custody order can be modified when a parent is not following the terms or requirements of the order, for example, by not showing up for or completing scheduled visits.
When a child’s parent does not complete or attend their scheduled visits, a court may determine that it is not in the child’s best interests anymore for the parent to have visitation rights with their child.
Child abuse
Child abuse is a serious ground that can be used for modifications of custody or visitation orders. Courts take allegations of child abuse very seriously and consider them to be an immediate danger to the child’s well-being.
Recovery from an issue
If a parent had an issue that prevented them from previously being awarded visitation or custody, such as substance abuse, after they have recovered, they may want to request more time with their child and more involvement in their life.
A parent can submit a request for a modification of their court order and provide evidence of their successful recovery. For example, the parent may complete a program to earn a certification that will demonstrate their recovery and allow them to gain increased rights.
How to File a Petition for Modification of Child Custody or Visitation Order
When a child’s parent wants to modify their existing visitation or custody order, they will have to petition the proper court. When an individual files a petition for modification, they will typically have to provide most, if not all, of the following information:
- The names and contact information for the child’s parents
- A copy of the existing visitation or custody order
- Their grounds for requesting a modification
- What modifications they are requesting to make to their current order
Typically, the parent who files the modification request will have to pay a filing fee. The amount of this fee may vary by location.
The court may also have other required forms that have to be submitted with the modification request. Because of the possible differences in the requirements of the court, an individual should reach out to a lawyer to ensure they properly submit their request.
Once a court receives a petition for modification, it will typically schedule a hearing where the parties present their arguments and submit evidence supporting those arguments. After this hearing is held, the court will grant or deny the request or may modify the order in a different way that it deems to be in the best interests of the child.
Will Parents Have To Attend Mediation?
When parents need to change their visitation or custody order, they may choose to attend family mediation or the court may require them to do so. This is a process that occurs outside of the courtroom to help the parties reach an agreement of their own.
The family mediation process is led by a neutral third party, called a mediator, who helps facilitate the discussions between the parties and allows them to compromise on as many issues as they can. If parents do come to an agreement on any of the terms, their attorney will put their agreement in writing and submit it to the court to be approved.
How Long Does It Take To Get a Modification?
The amount of time it takes to receive a modification of a visitation or custody will vary depending on many different issues. It usually takes around several weeks to several months for a modification request to be resolved.
How long it takes to complete a child custody modification depends on many different issues, including:
- Whether the parents of the child are able to cooperate to quickly resolve their issues
- The complexity of the changes that are being requested
- If the requests are complex, the court may require more evidence or time to make a decision
- The availability of a hearing date in the court’s schedule
What Are Temporary Child Custody Modifications?
There are certain situations in which temporary modifications can be made to a visitation or a custody order that will only last for a specified period of time or for a short time. These temporary changes can help parents handle issues that may arise, such as:
- Incarceration of a parent
- A parent being deployed in the military
- One parent having a health issue
- Health or safety concerns involving the child
- A parent getting a new job or job schedule
- Financial difficulties
When a temporary modification is made, it will usually specify when the original order will go back into effect. When there are allegations of child abuse in a home, temporary orders can be used to remove the child from that home while they are investigated.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
If you need to request a modification of your Indiana visitation or custody order, you should reach out to an Indiana child custody lawyer in your area. Your lawyer will be able to help you request a modification, represent you during the hearing, and ensure your parental rights remain protected.
You can use LegalMatch’s free attorney matching services to find information on attorneys near you who are ready to help you obtain your modification. All you need to do is submit your legal issue on the website, and you will receive responses from member lawyers who can help in around 24 hours, including their background, fees, and reviews from other clients.
