Indiana Custody Modification Agreement

AGREEMENT TO MODIFY CHILD CUSTODY ORDER

STATE OF INDIANA

In the [________________________________] Court
[________________________________] County, Indiana

Cause No.: [____]-[____]-[____]-[____]-[________]

PREAMBLE AND STATUTORY BASIS

This Agreement to Modify Child Custody Order ("Modification Agreement") is entered pursuant to Indiana Code 31-17-2-21, which provides that the Court may modify a custody order upon finding that:

1. The modification is in the best interests of the child; and
2. There has been a substantial change in one or more of the factors the Court considers under IC 31-17-2-8 (and, if applicable, IC 31-17-2-8.5).

The Court shall not hear evidence on matters occurring before the last custody proceeding unless such matters relate to a change in the best-interest factors under IC 31-17-2-8.

I. PARTIES AND CHILDREN

A. Identifying Information

Petitioner (Parent Seeking Modification):

• Full Legal Name: [________________________________]
• Address: [________________________________]
• County of Residence: [________________________________], Indiana
• Telephone: [________________________________]
• Email: [________________________________]

Respondent (Other Parent):

• Full Legal Name: [________________________________]
• Address: [________________________________]
• County of Residence: [________________________________], Indiana
• Telephone: [________________________________]
• Email: [________________________________]

B. Minor Child(ren) Subject to This Modification

C. Existing Custody Order

• Court That Issued Original Order: [________________________________] Circuit / Superior Court, [________________________________] County, Indiana
• Cause Number: [________________________________]
• Date of Original Order: [__/__/____]
• Date of Most Recent Modification (if any): [__/__/____]
• Current Custody Arrangement:
• ☐ Joint legal custody to both parents
• ☐ Sole legal custody to [________________________________]
• ☐ Physical custody to [________________________________]
• ☐ Parenting time per Indiana Parenting Time Guidelines
• ☐ Parenting time per custom schedule dated [__/__/____]

II. SUBSTANTIAL CHANGE IN CIRCUMSTANCES

Pursuant to IC 31-17-2-21, the parties acknowledge the following substantial change(s) in one or more factors under IC 31-17-2-8 since the last custody determination:

A. Nature of the Changed Circumstances

☐ Relocation of a parent — A parent intends to move or has moved, affecting the existing parenting time arrangement. Notice has been provided as required under IC 31-17-2.2-1.

☐ Change in child's needs — The child's educational, medical, emotional, or developmental needs have materially changed since the existing order. Specifically: [________________________________]

☐ Child's expressed preference — The child has reached at least fourteen (14) years of age and has expressed a preference regarding custody, which Indiana courts must give consideration to under IC 31-17-2-8(3). Child's preference: [________________________________]

☐ Change in parent's circumstances — A parent's employment, health, living situation, or household composition has substantially changed. Specifically: [________________________________]

☐ Domestic or family violence — Evidence of a pattern of domestic or family violence by a parent has arisen since the last order, which the Court must consider under IC 31-17-2-8(7). Specifically: [________________________________]

☐ Change in parent's fitness — A parent's ability to provide guidance, care, and continuity has materially changed. Specifically: [________________________________]

☐ Change in child's adjustment — The child's adjustment to home, school, or community has been substantially disrupted. Specifically: [________________________________]

☐ Other substantial change — [________________________________]

B. Detailed Statement of Changed Circumstances

[________________________________]
[________________________________]
[________________________________]

III. INDIANA BEST-INTEREST ANALYSIS (IC 31-17-2-8)

The parties have considered the following statutory best-interest factors in reaching this Modification Agreement. The Court retains authority to independently evaluate each factor:

(1) Age and sex of the child:
[________________________________]

(2) Wishes of the child's parents:
[________________________________]

(3) Wishes of the child, with more consideration given if the child is at least 14 years of age:
[________________________________]

(4) Interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests:
[________________________________]

(5) Child's adjustment to home, school, and community:
[________________________________]

(6) Mental and physical health of all individuals involved:
[________________________________]

(7) Evidence of a pattern of domestic or family violence by either parent:
☐ No evidence of domestic or family violence exists.
☐ Evidence exists as follows: [________________________________]

(8) Evidence that the child has been cared for by a de facto custodian (IC 31-17-2-8.5 applies):
☐ Not applicable.
☐ Applicable — see IC 31-17-2-8.5 analysis attached.

IV. AGREED MODIFICATIONS

A. Modification of Legal Custody

☐ No change to the existing legal custody arrangement.

☐ Modified legal custody arrangement:

• ☐ Joint legal custody to both parents (IC 31-17-2-13 through 31-17-2-17)
• ☐ Sole legal custody to [________________________________]

If joint legal custody is awarded, the parties have considered the factors under IC 31-17-2-15:

• ☐ The parties have agreed to joint legal custody
• ☐ Both parents are fit and suitable
• ☐ Both parents are willing and able to communicate and cooperate
• ☐ The child has a close and beneficial relationship with both parents

Decision-Making Allocation (if modified):

B. Modification of Physical Custody

☐ No change to the existing physical custody arrangement.

☐ Modified physical custody arrangement:

• ☐ Physical custody to [________________________________]
• ☐ Shared physical custody per the schedule below

Child's Primary Residence: [________________________________]

School Enrollment: [________________________________] School District / School

C. Modification of Parenting Time

☐ Indiana Parenting Time Guidelines (IPTG) shall apply. The parties adopt the minimum parenting time schedule established by the Indiana Supreme Court, including the IPTG holiday and summer schedules.

☐ Modified parenting time schedule (any schedule providing less than the IPTG minimum must include a written explanation per IPTG Section I(B)):

Regular Schedule:

If parenting time is less than the IPTG minimum, the written explanation required is:
[________________________________]

D. Modification of Holiday and Vacation Schedule

☐ IPTG holiday schedule applies without modification.

☐ Modified holiday schedule:

Summer Parenting Time (per IPTG):

• For children age 5 and older, the noncustodial parent is entitled to one-half of summer vacation.
• The parent exercising extended summer time shall notify the other parent of chosen dates by April 1 of each year per the IPTG.
• Modified summer arrangement (if any): [________________________________]

E. Modification of Relocation Provisions

The parties acknowledge Indiana's relocation notice requirements under IC 31-17-2.2-1:

• A relocating parent must file a notice of intent to move with the clerk of the court and serve each non-relocating party at least thirty (30) days before the intended relocation.
• No notice is required if the move increases distance by not more than twenty (20) miles and allows the child to remain in the same school.

☐ No modification to relocation provisions.
☐ Modified relocation provisions: [________________________________]

F. Other Modifications

☐ Modification of right of first refusal:
[________________________________]

☐ Modification of communication/virtual parenting time:
[________________________________]

☐ Modification of supervision requirements:

• ☐ Supervised parenting time ordered under IC 31-17-2-8.3 is modified as follows: [________________________________]
• ☐ Parent has completed batterer's intervention program as required under IC 31-17-2-8.3(d)
• ☐ Supervision is no longer required based on: [________________________________]

☐ Modification of transportation/exchange:
[________________________________]

☐ Other: [________________________________]

V. PARENTING COORDINATION AND EDUCATION

A. Parenting Education Requirement

☐ Both parents have completed the mandatory co-parenting education program required by [________________________________] County local rules.

• Parent A completion date: [__/__/____]
• Parent B completion date: [__/__/____]

☐ Completion of a co-parenting education program is required as a condition of this modification. Both parents shall complete the program within [____] days.

B. Guardian ad Litem / CASA

☐ A Guardian ad Litem has been appointed pursuant to IC 31-17-6.

• GAL Name: [________________________________]
• GAL Recommendation: [________________________________]

☐ A Court Appointed Special Advocate (CASA) has been appointed pursuant to IC 31-17-6.

• CASA Recommendation: [________________________________]

☐ No GAL or CASA has been appointed.

VI. PROVISIONS REMAINING IN EFFECT

All terms of the existing custody order dated [__/__/____], Cause No. [________________________________], remain in full force and effect except as expressly modified by this Agreement. In the event of a conflict between this Modification Agreement and the existing order, this Modification Agreement controls.

VII. ADDITIONAL COVENANTS

A. Cooperation and Communication

The parents shall communicate in a respectful, child-focused manner and cooperate in all matters regarding the child(ren)'s welfare.

B. Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent, the other parent's family, or household members in the presence or hearing of the child(ren).

C. Substance Use

Neither parent shall consume alcohol to the point of impairment or use illegal substances during parenting time or within twelve (12) hours prior to the commencement of parenting time.

D. Facilitate Relationship

Each parent shall actively support and facilitate the child(ren)'s relationship with the other parent and shall not engage in conduct constituting parental alienation.

E. Information Sharing

Both parents shall have access to educational records, medical records, and other records concerning the child(ren) as provided under Indiana law.

F. Firearms Safety

All firearms accessible during parenting time shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren), in compliance with safe-storage principles.

VIII. DISPUTE RESOLUTION

A. Good-Faith Discussion

The parents shall first attempt to resolve any dispute regarding this Modification Agreement through direct, good-faith discussion.

B. Mediation

If direct discussion fails, the parents shall participate in mediation with a qualified Indiana family law mediator before filing any motion with the Court. Each parent shall bear one-half of the mediation cost unless otherwise ordered.

C. Court Proceedings

If mediation is unsuccessful, either parent may petition the [________________________________] Circuit / Superior Court, [________________________________] County, Indiana, for relief.

D. Emergency Relief

Nothing in this section prevents either parent from seeking emergency relief under Indiana Trial Rule 65 or IC 31-17-2-8.3 to protect the immediate health or safety of the child(ren).

E. Attorney's Fees

In any enforcement or contempt proceeding, the Court may award reasonable attorney's fees to the prevailing party pursuant to its inherent authority and applicable Indiana law.

IX. GOVERNING LAW AND COURT APPROVAL

A. Governing Law

This Modification Agreement is governed by Indiana Code Title 31, Article 17, and the Indiana Parenting Time Guidelines as adopted by the Indiana Supreme Court.

B. Court Approval Required

The parties acknowledge that this Modification Agreement must be submitted to the Court for review and approval. This Agreement shall not become effective until approved by the Court and incorporated into a modified custody order.

C. Continuing Jurisdiction

The [________________________________] Circuit / Superior Court, [________________________________] County, Indiana, retains continuing, exclusive jurisdiction over custody matters pursuant to IC 31-21-2-1 and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), IC 31-21.

X. EXECUTION

The undersigned parents represent that they enter this Modification Agreement voluntarily, without coercion or duress, and that this Agreement is in the best interests of the child(ren).

PETITIONER:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

RESPONDENT:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION (Required under Indiana Trial Rule 11)

I, [________________________________], affirm under the penalties for perjury that the foregoing representations are true and correct to the best of my knowledge, information, and belief.

Signature: _________________________________
Date: [__/__/____]

I, [________________________________], affirm under the penalties for perjury that the foregoing representations are true and correct to the best of my knowledge, information, and belief.

Signature: _________________________________
Date: [__/__/____]

ATTORNEY CERTIFICATION (if represented)

Attorney for Petitioner:

Name: [________________________________]
Indiana Attorney No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Signature: _________________________________

Attorney for Respondent:

Name: [________________________________]
Indiana Attorney No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Signature: _________________________________

COURT APPROVAL AND ORDER

The Court, having reviewed the foregoing Agreement to Modify Child Custody Order and having considered the requirements of IC 31-17-2-21, finds:

☐ The modification is in the best interests of the child(ren).
☐ There has been a substantial change in one or more factors under IC 31-17-2-8.
☐ The agreement of the parties is approved and adopted by the Court.
☐ The existing custody order in Cause No. [________________________________] is hereby modified as set forth above.

IT IS SO ORDERED.

Date: [__/__/____]

_________________________________
Judge, [________________________________] Circuit / Superior Court
[________________________________] County, Indiana

SOURCES AND REFERENCES

• Indiana Code 31-17-2-21 — Modification of Child Custody Order
• Indiana Code 31-17-2-8 — Best Interest Factors (Custody Order)
• Indiana Code 31-17-2-8.3 — Supervised Parenting Time; Domestic Violence
• Indiana Code 31-17-2-8.5 — De Facto Custodian Considerations
• Indiana Code 31-17-2-13 through 31-17-2-17 — Joint Legal Custody
• Indiana Code 31-17-2.2-1 — Relocation Notice Requirements
• Indiana Code 31-17-6 — Guardian ad Litem and CASA Appointment
• Indiana Code 31-21 — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• Indiana Parenting Time Guidelines (adopted by the Indiana Supreme Court, effective March 31, 2001, as amended)
• Indiana Trial Rule 11 — Verification
• Indiana Trial Rule 65 — Injunctive Relief / Temporary Restraining Orders