How Are Child Custody Modifications Decided in Post-Divorce Cases?
I’ve spent over 40 years helping families work through the challenging changes that can come after divorce. When a court finalizes a child custody order, it reflects what was in the child’s best interests at that time. But life rarely stands still, and things can change.
That’s where custody modifications come into play. Through my work in family law, I’ve helped many parents in South Bend, Indiana, understand when and how those changes can be made—and what to expect.
I know how personal these cases are. Whether we’re dealing with school changes, a parent moving, or health-related issues, I take the time to understand your goals and concerns. Let’s walk through what’s involved.
When Custody Modifications Become Necessary
Even after a divorce is finalized, custody arrangements may need to change. In Indiana, we must show that a substantial and continuing change has occurred since the original order. Courts won’t grant a modification just because someone wants one—it has to be in the child’s best interests.
Some of the most common reasons for custody modification include:
Parental relocation: If one parent moves a significant distance, the current arrangement might no longer work.
Change in the child’s needs: Academic issues, health problems, or social struggles can all prompt a new arrangement.
Concerns about the child’s safety: Abuse, neglect, or exposure to unsafe environments can support a modification.
Parental availability: Job changes, substance abuse, or mental health issues may impact a parent’s ability to care for the child.
Family law recognizes that children’s lives evolve. The courts try to support stability while also adjusting to changes when necessary.
How to Start the Modification Process
The first step in modifying custody is filing a petition with the court that issued the original order. Once the petition is filed, the other parent has the right to respond.
We work through this process by:
Gathering documentation to show why the current arrangement no longer works.
Identifying the specific change in circumstances.
Proposing a modified plan that supports the child’s best interests.
If both parents agree, we can submit a joint proposal. If not, the matter will go before a judge. Either way, preparation is key.
What the Court Considers
Family law gives judges broad discretion when deciding custody matters. The standard is always in the best interests of the child, which involves several factors. Whether we’re seeking to change physical custody, legal custody, or both, the court evaluates how the proposed change will affect the child’s well-being.
Some of the key considerations include:
The child’s relationship with each parent: Courts look at who has been the primary caregiver and the strength of emotional bonds.
The child’s age and preferences: Depending on the child’s maturity, their wishes may be considered.
The child’s adjustment to home, school, and community: Courts hesitate to disrupt routines unless the benefits outweigh the downsides.
The mental and physical health of all parties: A parent’s ability to provide safe, stable care is essential.
Evidence of abuse or neglect: Any history of harmful behavior will carry significant weight.
We use this structure to build our case and anticipate any arguments the other parent might raise.
How Evidence Shapes the Outcome
Every custody case depends heavily on the evidence presented. We can't rely on general complaints—we have to provide detailed documentation. Over the years, I’ve learned that clear, objective evidence is one of the most powerful tools we have in family law.
Helpful forms of evidence include:
School records and attendance logs: These show how the child is performing and whether a change in custody may improve their situation.
Medical or psychological evaluations: If a child is struggling emotionally or physically, these reports can support a need for change.
Text messages, emails, or call logs: These may demonstrate patterns of communication—or lack thereof—between the child and a parent.
Witness statements: Teachers, neighbors, or relatives may testify about parenting behavior or child well-being.
We organize this information carefully, so it presents a clear picture to the court.
What to Expect During the Hearing
When parents can’t agree on a modification, the case proceeds to a hearing. While this isn’t a full-blown trial, it’s a formal process with evidence, testimony, and legal arguments. I prepare my clients thoroughly for these hearings.
During the hearing, the judge may:
Ask each parent questions about the proposed change.
Consider evidence from both sides.
Allow witness testimony.
Interview the child in private, if appropriate.
Because the stakes are high, we treat these hearings with the same attention we’d bring to a trial. I make sure every client understands the process and knows what to expect.
Temporary Orders While a Case Is Pending
Sometimes, we need to ask for a temporary modification while waiting for a final decision. If a child’s safety is at risk or there's another urgent concern, the court may issue a temporary custody order. These orders stay in place until the full hearing is held.
We might seek a temporary order if:
A parent is hospitalized or incarcerated.
The child is being exposed to harmful conditions.
The current arrangement becomes impossible to follow.
Temporary orders can stabilize things while we work through the long-term solution. I’ve found they can make all the difference in urgent cases.
How Modification Differs From Enforcement
Sometimes parents confuse custody modification with enforcement. Modification changes the terms of the custody order. Enforcement, on the other hand, holds a parent accountable for not following the existing order.
We may need to file for enforcement if a parent:
Consistently misses scheduled time with the child.
Refuses to follow the agreed drop-off and pick-up times.
Prevents the other parent from accessing the child.
If you're dealing with noncompliance, modification might not be the answer. We talk through each situation to decide whether a motion to enforce or modify is the better approach.
Common Mistakes to Avoid
Over the years, I’ve seen well-meaning parents hurt their own cases by making avoidable mistakes. One of the hardest parts of family law is managing emotional decisions. To keep your case strong, there are some things we try to avoid.
Frequent mistakes in custody modification cases include:
Refusing to communicate with the other parent: Judges want to see a willingness to cooperate.
Involving the child in legal matters: Courts frown on using children as messengers or asking them to pick sides.
Posting complaints online: Social media can work against you if the other side uses it as evidence.
Failing to follow the current order: Until it’s officially changed, the existing arrangement must be respected.
By staying focused and letting me handle the legal details, clients are better positioned for a positive outcome.
What Mediation Provides
Not every modification request ends up in court. Mediation can be a valuable tool, especially when parents are open to finding a new agreement without a fight. In Indiana, some courts may require mediation before scheduling a hearing.
During mediation, both parents work with a neutral third party to try to reach a compromise. I attend these sessions with my clients to help protect their rights and stay focused on the child’s needs.
Mediation works best when both sides:
Want to avoid a lengthy court process.
Are willing to compromise.
Can communicate respectfully.
It’s not always possible, but when it works, mediation can make the process quicker and less stressful.
How Family Law Shapes These Decisions
Family law exists to protect children’s well-being and guide parents through important transitions. Custody modifications are part of that process, and courts use detailed rules to keep things fair.
With over four decades of experience, I’ve seen how emotional these cases can get—and how important it is to stay grounded in facts. Whether we’re negotiating or going to trial, the key is preparation. I work closely with each client to build a case that reflects the truth and focuses on what’s best for their children.
These laws aren’t about punishing parents. They’re about giving kids the best chance to thrive.
Reach Out to a Family Lawyer
If your family’s needs have changed since your divorce, we can talk through your custody options. I’m proud to serve families in South Bend, Indiana, and throughout Granger, Mishawaka, and Northern Indiana. Contact Jay Lauer Attorney at Law today to start building a plan that fits your child’s future.