Indiana Child Custody And Child Support Modifications Attorneys
Considerations When Modifying Custody And Parenting Time Orders
A Court may modify legal and/or physical custody when the modification is in the best interests of the child and there has been a substantial change in one or more of the factors impacting a child’s best interest. Some of the factors are:
- The age and sex of the child
- The wishes of the child’s parent or parents
- The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age
- The interaction and interrelationship of the child with the child’s parent or parents, sibling and any other person who may significantly affect the child’s best interests
- The child’s adjustment to the child’s home, school and community
- The mental and physical health of all individuals involved
- Evidence of a pattern of domestic or family violence by either parent
A Court may modify parenting time whenever it would serve the best interests of the child. Many changes to family life can necessitate a modification to the existing parenting time plan, including but not limited to changes to a parent’s work schedule, a relocation of a parent, and a change to the mental or physical health of a child or parent. The parties can work together through settlement negotiations or mediation to discuss what modifications to the parenting time plan may be in their child’s best interest.
Modification Of Child Support
A Court may modify child support if either parent can show a significant and lasting change in circumstances, which makes the current agreement unreasonable. If more than 12 months have passed since the last child support order was entered, the Court may also modify child support upon showing that a party has been ordered to pay an amount that differs by more than twenty percent from the amount that would be ordered by applying the child support guidelines.
As the child ages and prepares for higher education, one parent can also petition the Court to require the other parent to contribute to the child’s college-related expenses.