There are many reasons why you might want to modify your custody order. You could be planning to move to a different state, or maybe there has been a change in your earning ability. It can be tedious to go to court and take part in a trial, especially if both parents already agree on what modifications they want to make. With this in mind, it is important to know whether or not you can modify a custody order without going to court in Indiana.
Do you need a trial to modify a custody order?
Typically, divorced parents can avoid going to trial if they reach a mutual agreement regarding the changes to their custody order. However, they will still need a judge’s signature for these modifications to be legally binding.
To retrieve a judge’s signature, you can file a petition and submit it to the court that issued your original custody order. Judges are more likely to sign your agreement if the proposed modifications have the child’s best interests in mind and if the changes are reasonable and mutually agreed upon between the parents.
What happens if a spouse does not consent to changing their custody order?
When it comes to modifying custody orders, having the consent of both parents is important. In Indiana, if one parent does not agree to the proposed modifications, the court may refer them to mediation. However, if mediation fails, they will instead go to trial. The judge will make their final decision after listening to both parties and considering the evidence.
Modifying custody orders is difficult if neither parent is willing to compromise. By coming to a mutual agreement, you can spare yourself a lot of time and effort by avoiding a trial and make life better for your child.