When your current custody arrangement no longer fits your child’s needs, you may wonder what you can actually show the court to support a change. A concern or disagreement alone may not provide enough support. Instead, you generally need evidence that helps explain what has changed and why a different arrangement could better serve your child.
Here are some of the types of evidence that may help your request.
Parenting-time and communication records
Records showing how parenting time and communication have changed can help demonstrate problems with the current arrangement. Keeping a calendar of missed or disrupted visits, along with relevant texts, emails or other messages, can help show a pattern over time.
For example, repeated cancellations or significant difficulties following the existing schedule may matter more than one isolated disagreement. Focus on specific events and keep records that show what actually happened.
School and medical records
School and medical records can provide useful information about changes in your child’s needs or daily life. Depending on the circumstances, you might gather:
- Attendance or disciplinary records
- Academic or educational records
- Medical or treatment records
These can help show changes that affect your child’s education, health or adjustment. They may also help explain why the current arrangement no longer meets your child’s needs.
Evidence of unsafe conditions surrounding the child
Documentation showing that your child’s safety or well-being may be affected can support a custody modification. Depending on the circumstances, relevant evidence could include police reports, court records or other documentation related to:
- Substance use
- Domestic violence
- Neglect
- Other incidents that may affect your child’s safety or care
Indiana law requires a court considering custody modification to find both that the change would serve your child’s best interests and that a substantial change occurred in at least one relevant factor. Those factors include your child’s adjustment to home, school and community, the health of people involved and evidence of domestic or family violence.
Evidence of changing child needs or circumstances
Evidence of meaningful changes in your child’s development, relationships or daily circumstances can help show why the existing arrangement may no longer work. Changes in age, school, community, relationships with parents or siblings and other parts of your child’s life may all matter.
Your child’s preference can also factor into the court’s decision, especially when they reach age 14, but this does not automatically decide the case.
Build the record around your child’s best interests
The strongest approach focuses on specific, reliable evidence that connects the circumstances to your child’s needs. Organizing your records by date and separating firsthand information from assumptions can make it easier to explain your concerns. Reviewing what you have with an attorney can also help you determine which evidence matters most and how it may support the custody change you are requesting.