When and How to Modify Custody, Support or Visitation

Life can change in what seems like just a moment, and sometimes that means your family’s legal arrangements need to change too. Whether you’re dealing with a job loss, relocation or the reality of your child’s evolving needs, modifying custody, visitation or child support orders may help you find the best outcome for your family.

Here’s when and how you can request modifications in Indiana:

• Custody modifications require proof of substantial changes affecting the child’s best interests.
• Visitation modifications must serve the child’s best interests and safety.
• Support modifications need demonstrably and significantly changed circumstances, or a 20% deviation from current support guidelines. 

Custody Modification

Conditions That Must Be Met

Indiana courts will only modify custody when two key conditions are met:

1. The modification serves the best interests of the child
2. There has been a substantial change in circumstances affecting factors in the best interest checklist

Courts don’t make custody changes lightly. They require clear evidence that the circumstances have significantly changed since the original order.

Legal Custody vs. Parenting Time

Understanding the difference is crucial:

• Legal custody involves making major decisions about your child’s education, healthcare and religious upbringing.
• Parenting time, also commonly known as visitation, refers to the actual time your child spends with each parent.

You can modify either type of custody arrangement with the help of a qualified family law attorney when appropriate circumstances exist.

Court Considerations for Proposed Parenting Schedules

Indiana’s parenting time guidelines emphasize that children benefit from meaningful and frequent contact with both parents. Courts can modify orders regarding parenting time whenever the change would serve the child’s best interests. When reviewing modification requests, courts evaluate:

• How the proposed schedule benefits the child’s best interests
• Each parent’s ability to facilitate the other’s relationship with the child
• The child’s adjustment to their current living situation
• Any evidence of domestic violence or substance abuse

Rules for Restrictions

Courts will restrict parenting time only when they find that visitation might:

• Threaten the child’s physical health
• Significantly harm the child’s emotional development

This high standard is designed to protect the fundamental right of parent-child relationships while prioritizing child safety.

Support Modification

When Circumstances Change

Child support can be modified when circumstances have changed so substantially that the current order has become unreasonable. Common examples include:

• Significant income changes for either parent
• The incarceration of a parent
• Changes in the child’s needs (e.g. medical expenses, educational costs)
• Modifications to parenting time that affect support calculations

Deviation from Child Support Guidelines

You can also request a modification if the current support amount differs by more than 20% from what Indiana’s child support guidelines would require today. This rule applies when the original order was issued at least 12 months prior.

When Life Changes, Legal Arrangements Can Be Changed With It

Modifying custody, support or visitation orders requires careful preparation and legal knowledge. Each case presents unique circumstances that demand thorough documentation and strategic presentation to the court.

You don’t have to handle proposing these legal alterations alone. Experienced family law attorney Robert Bellinger understands the emotional and logistical challenges you’re facing and can guide you through the modification process with compassion and skill. Contact The Bellinger Law Office today to discuss your modification needs and learn more about how we can assist you.