Robert Schembs - Family Law
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Modifying your custody schedule

The hardest part of being a divorced dad in Indianapolis is the limited access you may have to your kids. From many on the outside looking in, your decision to get a divorce reflects an change in your attitude towards your entire family. What they do not understand is that while your feelings towards your children’s mother may have changes, your love for them has not. Thus, you continually remain as protective of as you were prior to your divorce. That sense of duty to protect has prompted may to come to us here at Schembs Law question whether they can modify their custody or visitation agreements. If you have similar concerns about your kids, you’ll be happy to learn that you can.

Doing so many not be easy, however. Per Section 31-17-2-21 of Indiana’s Family and Juvenile Law Code, your custody agreement can only be changed if it is believed to be in your kids’ bests interests, and if you demonstrate a significant change has occurred in any of the familial areas the state believes impact your children’s well-being. These include:

  • Each child’s individual relationship with you, your ex-spouse or his or her siblings
  • Each child’s adjustment to his or her new home environment (as well as new school or community, if the kids have relocated)
  • The overall mental and physical health of all those involved in your custody case
  • Each child’s age and sex
  • Evidence of any form of domestic or parental abuse

The court will also take your kids’ wishes in to consideration when modifying your custody agreement, with extra attention paid to the desires of those kids over the age of 14.

You can learn more about child custody matters by continuing to explore our site.