Legal Question in Family Law in Indiana

Re: childcustody

The general rule is that the parents return to the Court where custody was originally established in order to file a petition to modify the custody. A modification is initiated by the filing of a verified petition for the modification usually stating what the change of circumstances has been since the original order was entered. What happens next depends upon the particular court and its procedures. Some will send the parties to mediation; some for a custody evaluation; others will set a hearing in order to tell you what the next step will be. It is generally recommended that the petitioning party utilize the services of an attorney so that the procedure is understood by at least one party to the matter. The child's desire is only one of many factors to be considered by the court. A parent living with a domestic partner he or she is not married to is another factor, as is the child's performance in school. Hence it is best to proceed with an attorney who is trained to get your information organized for presentation to the court in a logical manner designed to win your case.