Modifications

The finalization of a divorce or custody case often brings a sense of relief. You have a court order in place, a schedule to follow and a plan for the future. However, life rarely stands still. As the years pass, the arrangements that worked perfectly for a toddler may be completely unsuitable for a teenager. Jobs change, parents move and health issues arise. When your family’s needs evolve, your legal documents may need to evolve with them. 

Arshad, Pangere & Warring, LLP helps clients handle these shifts by seeking modifications to previous family law orders. Whether you need to adjust a parenting time schedule or revisit support obligations, understanding the legal process is the first step toward a solution that works for everyone involved.

Preserving Your Child’s Best Interests

In Indiana, you cannot simply request a change because you want one. The court requires a showing that a modification is in the “best interests of the child.” This is the guiding principle for all family law decisions in the state. The legal system prioritizes the physical and emotional well-being of the child above the convenience of the parents.

When a judge reviews a request to modify custody or parenting time, they look for a “substantial change” in circumstances. This high standard prevents parents from dragging children back to court for minor disagreements. You must prove that the shift in your life or your child’s life is significant enough to warrant a new legal order.

Factors Courts Consider

To determine if a modification serves a child’s best interests, Indiana courts evaluate specific statutory factors. A judge will look at the entire picture of the child’s life rather than just one isolated incident. This evaluation typically includes:

• The child’s age: Different developmental stages require different parenting schedules.
• The wishes of the parent or parents: The court considers what each party desires for the child.
• The child’s wishes: Depending on their age and maturity, the court may give more weight to the child’s preference.
• Interrelationships: The interaction the child has with parents, siblings and other significant figures.
• Adjustment: How the child is adapting to their home, school and community.
• Health: The mental and physical health of all individuals involved.

Common Reasons for Modifications

There are many reasons parents return to court. Sometimes a parent wants to increase their parenting time because they have secured a more stable home environment or work schedule. In other cases, a parent may seek to reduce the other party’s time due to serious concerns.

Valid reasons for restricting parenting time or changing custody might include evidence of substance abuse, neglect or unsafe living conditions. Additionally, logistical changes often force a modification. If a parent gets a new job that requires relocation or overnight shifts, the old schedule simply may not work.

Steps to Modify Family Law Matters

Changing a court order is a formal legal process. It is rarely enough to have a verbal agreement with your ex-spouse, as these are difficult to enforce if one party changes their mind later. To protect yourself and your child, you should take specific legal steps:

• Consult an attorney: A lawyer can review your situation to see if you meet the threshold for a substantial change in circumstances.
• File a petition: Your attorney will file a petition for modification with the court that issued the original order.
• Attend mediation: Courts often order a preliminary hearing or mediation to see if parents can agree on new terms without a trial.
• Present evidence: If an agreement cannot be reached, you will proceed to a final hearing where you must present evidence supporting your request.

The Importance of Maintaining Accurate Records

If you believe a modification is necessary, documentation is your most powerful tool. You should keep a detailed log of events that support your case. This might include dates of missed visits, evidence of late pickups or proof that the other parent is violating the current order.

Text messages, emails and phone logs can establish a pattern of behavior. If you are concerned about the child’s safety or the other parent’s inability to follow the rules, these records provide the court with concrete proof rather than just your word against theirs.

Finding the Right Solution for Your Family

Modifying a court order is often necessary to protect your child and secure a stable future. Whether you are seeking more time with your children or need to adjust support due to a financial shift, the primary goal remains the same: serving the best interests of the child.

These matters can be complex and emotionally charged. Relying on a legal team that understands Indiana family law can help you achieve a positive result. If your circumstances have changed, contact Arshad, Pangere & Warring, LLP to discuss your options for modification.