While the children are resilient and can often bounce back from a divorce yet modifying the physical custody from one to another can be a major change. The same may take a toll on the child’s fundamental sense of safety, security, and stability.
Hence, there are two factual cases when Custody Modification in Indianapolis is not a good idea.
-
The case where a non-custodial parents’ lifestyle has improved. However, the same may have little impact on how the kids are faring in the care of a custodial parent. Since the legal focus of the modification is in the child’s best interest. Hence, a parent who has not achieved long-term sobriety may not be a factor that impacts the modification to the process. It is especially true when the children are already thriving under the care of another person.
-
On the other hand, some parents may not be able to attain custody of the child due to their immigration status. In such a case, a team of the Best Immigration Lawyer in Indianapolis can be sought to strengthen the claim. However, other parents who cannot accept that the custody is not awarded in the first instance and continue to file modification appeals or wish to correct the perceived custody orders have little to gain. By statutes, the trial court cannot consider the evidence that was heard and occurred before the last custody verdict.
When is it possible to claim Custody Modification in Indianapolis?
Apart from the scenarios mentioned above, an appeal of Custody Modification in Indianapolismay be entertained when there has been sufficient evidence of change in the circumstances of the other parent (and have been able to reverse the original cause of not being awarded the custody), and the situation is in the best interest of their child.
Such a change warranting the custody modification can occur in either of the two ways –
-
Such a change occurs through gradual changes over time, especially in the custodial parents’ household. It means remarriage, problems in adjustment to a new household, or advancing age or gender.
-
Another issue that may trigger this may be any cataclysmic situation – a drug overdose, arrest, serious physical problems, mental issues, etc.
However, merely testifying that the events or the circumstances have changed are unlikely to result in evidence to demonstrate a substantial change in the situation or even warranty a modification of custody into your favor.
The documents that can aid your situation include –
-
Timelines are depicting the situation that may warrant you to modify the custody and the case background. (Include who, what, when, where, how, etc.)
-
Enclose prior custody orders, evaluations, CASA or GAL report
-
List of doctors, dentists, therapists, etc. that may become a basis of modification
-
Audiovisual evidence – recording, videos, images, text messages, etc.
-
Updated police reports, runs, protective orders, criminal charges, etc.
-
List of materials that may allow modification and seek through investigation or trial
-
The pay stubs for the past six months and information about the other parent’s employers, child care costs, etc.
With such information, your custody modification attorneys can help you determine your case’s effectiveness, trial themes, a gathering of evidence, etc. You may need to prove that the modification is indeed in the best interest of the child.
