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  5. Help! How Long Do I Have To Wait Before I Can Seek A Modification Of My Current Custody Order?

Help! How Long Do I Have To Wait Before I Can Seek A Modification Of My Current Custody Order?

On Behalf of Dixon & Moseley, P.C. | Oct 16, 2020 | Child Custody, Custody Modification, Family Law

As we all know, life happens, and circumstances can change quickly. That custody order that was recently put in place may seem to become impractical in a moment’s notice. Maybe you or the other parent are intending on moving to a new state. Or maybe the other parent married someone that you believe is harmful to your child(ren)’s well-being. Whatever the reason may be, Indiana has established a specific statutory code to deal with modification of custody. This blog provides a brief overview of modification of a custody order and the process behind same.

In order to modify a custody order, an individual must meet certain statutory requirements for same. To expand, and as alluded to above, custody modifications are governed by statutory code. Indiana Code section 31-17-2-21 provides the procedure for custody modification. Pursuant to this statute, two requirements must be met to modify a custody order. First, the modification must be “in the child’s best interests.” Second, there must be a substantial change in one of the child custody factors. Courts look at eight different factors when determining custody and what is in the best interest of child. Those factors are1:

  • The age and sex of the child;
  • The wishes of the child’s parents;
  • The wishes of the child, with more consideration given if the child is at least 14;
  • The interaction and interrelationship of the child with the child’s parents, siblings, and other persons who may have a significant impact on the child’s life;
  • The child’s adjustment to school, home, and community;
  • The mental and physical health of all individuals involved;
  • Evidence of a pattern of domestic or family violence; and
  • Evidence the child has been cared for by a de facto custodian.
  • Therefore, when going to modify an existing custody order, an individual must show: (1) it is in the best interests of the child; and (2) a substantial change to one or more of the factors listed above.

    As you may have noticed, there is no specific time period that an individual must wait before seeking a custody modification. Many courts have a de facto rule that a year must have passed without some extraordinary situation. However, this does not mean an individual will always have grounds or a basis to seek a modification of custody. This is due to the remaining language found in Indiana Code section 31-17-2-21. Specifically, Indiana Code section 31-17-2-21 provides that “[t]he court shall not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child.” In short, this means that the basis for seeking a custody modification cannot be based on circumstances or evidence that was presented at a prior hearing. Instead, there must be something new that has occurred to justify modification of custody.

    For example, suppose you get divorced and the court awards both parents equal parenting time. Now, suppose your ex-spouse gets married a few months later to an individual with a substantial criminal history record. This new change in circumstances may be a sufficient basis to seek modification of custody if this incarceration puts the children at risk in some way. Another example is to suppose at a final divorce proceeding one parent alleges that the other parent has a drinking problem. Nonetheless, following the hearing, the court enters an order awarding both parents equal parenting time. Now, suppose a few months later the parent that alleged the other had a drinking problem wants to modify custody based upon this alleged drinking problem. In such a situation, without new evidence of a drinking problem, this allegation alone will probably be insufficient to modify custody since it was alleged at the prior hearing.

    Child custody proceedings can be a trying time for individuals. Not to mention, these are very personal and emotional matters for people. If you are in a child custody case, it may be helpful to seek the assistance of an attorney to help navigate through the process. Dixon & Moseley, P.C. attorneys handle all types of child custody cases throughout the State of Indiana and understand the significance of same. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.

  • Ind. Code 31-17-2-8. The courts can consider anything else relevant to the child’s best interests.
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    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

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    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

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