Terre Haute Child Custody Modification Attorneys
Fighting for custody is one of the most important conflicts you will engage in. Do not face this battle alone. Our trusted lawyers will stand with you and aggressively litigate your case.
There are numerous reasons why a parent may file a petition to modify a child custody order. Sometimes it is best for you to spend more time with your child to provide more stability or better parenting. There are other times when you are worried that the other parent is abusing the child or neglecting the child. In some situations, there is a significant change of circumstances where modification of custody is warranted.
In the state of Indiana, it is permissible to have a child custody order modified but only under certain circumstances. A court can only modify a child custody order if it is in the child’s best interests and there has been a substantial change in at least one of the following statutory factors found in Indiana Code 31-17-2-8:
- The child’s age;
- The wishes of the parents;
- The child’s wishes, which will carry more weight if the child is a least 14 years old;
- The relationship between the child and the parents, siblings, or another person who has a significant effect on the child’s best interests;
- The child’s adjustment to his or her community, school, or home;
- The physical and mental health of the parents and child;
- Any evidence of family violence or domestic abuse; and
- Any evidence that a de facto custodian has been caring for the child.
To control and win in litigation that involve issues concerning child custody, you will need an experienced attorney who can aggressively pursue your goals in a court of law.
We have found that the children can be used as a weapon by an ex-spouse who does not truly have the children’s best interest at heart. Even an ex-spouse that is extremely misguided in what is truly in the best interest of the children take an unreasonable position. Frequently in contested child custody disputes the parties can come to an agreement. In the circumstances that parents will not agree on custody, the parties will participate in a contested hearing. At the contested hearing, the Judge will make a determination as to which parent should have legal custody and physical custody. Legal custody gives that parent the right to make decisions regarding the health, education, and welfare of the child. Physical custody refers to the parent with whom the child will live. In some cases joint physical custody arrangements can be in the child’s best interest. In those cases, the child’s time with each parent will be divided, in some cases equally.
To put yourself in the best position to win your case, you need a lawyer who is aggressive and will fight for you. If you are facing a tough custody dispute, call our Terre Haute Custody Lawyers today for a free consultation.