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  5. Help! How and when Can I Modify Custody in a Paternity Matter in Indiana?

Help! How and when Can I Modify Custody in a Paternity Matter in Indiana?

On Behalf of Dixon & Moseley, P.C. | Jun 17, 2021 | Child Custody, Custody Modification, Family Law

As we all know, life happens, and circumstances change. That custody order you once had may seem to become impractical as time goes on. Maybe you moved to Indiana to be closer to your child and now you want more time. Or maybe you were once on hard times but now feel you are able to offer your child more than when the custody order was put in place.  Whatever the reason may be, Indiana has established a specific statutory code to deal with modification of custody in paternity matters. This blog provides a brief overview of modification of a custody in paternity matters and the process behind same.

Indiana code section 31-14-13-6 provides the procedure for modifying custody in a paternity action. Pursuant to this statutory code section, two requirements must be met in order to modify a custody in a paternity matter. First, the parent seeking a modification of custody must show that “modification is in the best interests of the child.” Second, the parent seeking modification must show there has been a substantial change in one of the factors that courts consider in making an initial custody determination. These factors include1:

  • 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 person’s 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.

In short, in order to modify an existing custody order in a paternity matter, you must show it is in the best interests of the child, as well as show 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 in a paternity action. 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 language found in Indiana Code section 31-14-13-9. Specifically, Indiana Code section 31-14-13-9 provides that “[t]he court may 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 justify modification of custody.

It can be tricky for individuals in custody modifications to prove it is in the “best interests of the child” and show there has been a “substantial change” to one of the factors above. Determining the best approach in accomplishing this can be tough due to the fact sensitive nature of these types of cases. However, it is a requirement in order to achieve modification as the statute puts a requirement on judges to consider all of the factors listed above. One important thing to keep in mind is that the basis for your modification cannot be based on evidence that occurred before the current custody order that is in place.

Child custody modifications can be a trying time for individuals. These types of proceedings are extremely fact sensitive, leading to confusion among many. Not to mention, these are very personal and emotional matters for people. When issues become so serious that modification of custody may be necessary, it may be helpful to seek the assistance of an attorney to help navigate through the process. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana and understand the significance of custody modification and planning for the 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 31-14-13-2
  • What Counts as Marital Property in Indiana?

    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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