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The circumstances supporting a modification based upon a material change of circumstances usually have to be something severe and obvious, like one parent developing a substance abuse problem, leaving the children alone for long periods of time or mental/emotional conditions of the parent.The courts can also change custody if it can be proven that the custodial parent has been alienating the children against the other parent.

For example, someone might claim that his or her partner engaged in name-calling, yelling, or breaking of that person’s possessions.

When considering who should get custody of a child, what factors does a court look at?

In almost all situations, a court will keep one primary question in mind when deciding a custody case, namely, what is in the best interests of the child?

Yes, the grounds for which are the conviction of either party of a felony, impotence, or incurable insanity for a period of at least two years.

However, Indiana is a no-fault state, meaning the court will also grant the parties a divorce on the grounds that there has been an irretrievable breakdown of the marriage, i.e. The court will make an award of maintenance from one spouse to the other in three circumstances.


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