Legal Question in Family Law in Indiana

Modifying Custody

I know that in order to modify custody you must be able to show the court that there has been a substantial and continuing change since your divorce was final. We'll my ex and I have joint custody of our 4 year old and he will be starting school next year, I want to get primary physical custody so he has a more stable home life would that count as a substantial and continuing change? I can't get my ex to communicate with me on medical apts. concerning our son. He will let his mother take him to get shots, dental apts...etc..without consulting me first...does that count? There's just no communication between us at all, and if there is it always ends up in an argument...I need to know if I have grounds for modification....


Asked on 6/10/08, 7:16 am

3 Answers from Attorneys

Re: Modifying Custody

You can take two approaches here. One, is that since he will be starting school, that is a continuing and substantial change. The second, is that you could seek contempt as he is not acting as if this is a joint custody situation with joint decision making, etc.

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Answered on 6/10/08, 11:02 am

Re: Modifying Custody

You can take two approaches here. One, is that since he will be starting school, that is a continuing and substantial change. The second, is that you could seek contempt as he is not acting as if this is a joint custody situation with joint decision making, etc.

Read more
Answered on 6/10/08, 11:02 am

Re: Modifying Custody

You can take two approaches here. One, is that since he will be starting school, that is a continuing and substantial change. The second, is that you could seek contempt as he is not acting as if this is a joint custody situation with joint decision making, etc.

Read more
Answered on 6/10/08, 11:02 am


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