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Legal Information: Indiana

Custody

Laws current as of December 2, 2025

When can a custody order be changed (modified)?

The judge can modify a child custody order if:

  1. there is a substantial change in one or more of the best factors explained in How will a judge make a decision about custody? and
  2. the modification is in the best interests of the child.1

If the case involves a de facto custodian, the substantial change in circumstances may involve any of the additional factors explained in What is a “de facto custodian” and can s/he get custody?2

1 Ind. Code § 31-17-2-21(a)
2 Ind. Code § 31-17-2-21(a)(2)