It is possible to modify child custody orders that no longer serve the children’s best interests. If both parents have no objection to such changes, they can craft a mutual agreement and formalize it in court.
Otherwise, you can file a petition to modify the custody arrangement if you encounter resistance from your co-parent. If a judge reviews the prevailing circumstances and sees that the children’s well-being is at risk, they can issue new custody orders in place of the previous ones.
Possible reasons a court will modify previous custody orders
Under Indiana law, the court can modify child custody orders only if it’s in the children’s best interests or if there have been substantial changes in circumstances on either parent since the court issued its prior orders.
Some reasons a court will modify a custody order include violent or abusive tendencies by your co-parent, substance abuse, incarceration or even an illness that makes them unable to discharge their parental duties under the current arrangement. The court may also amend earlier orders if your co-parent constantly violates them.
Evidence is vital in your modification petition
You will need to provide relevant evidence to support your claim — for instance, statements from witnesses or medical evidence of abuse.
As a parent, it is crucial to be aware of what you need to do to keep your children safe, even if it means protecting them from your co-parent. Learning more about the procedures involved in modifying custody orders and your legal options if the children are in immediate danger can help you take appropriate action to ensure their welfare.