Modification of Custody Orders
On the motion of one or both of the parents, or the joint legal custodians if they are not the parents, the court may, after a hearing, modify an order that established custody if:
(1) the circumstances of the child or one or both custodians have materially and substantially changed since the entry of the order to be modified; and
(2) a modification of the terms and conditions of the order would be an improvement for and in the best interest of the child.
A parent requesting a modification from sole custody to joint legal custody or joint physical custody or both, or any other type of shared parenting arrangement, is required to file and serve a proposed parenting plan.
An order of joint legal custody may be terminated by order of the court if one or both parents file a motion for termination and the court determines that the joint legal custody order is unworkable or inappropriate under existing circumstances. At the time of entry of an order terminating joint legal custody, the court is required to enter an order of sole legal custody. The court will also decide related issues, including parent-time and child support.
If the court finds that an action concerning the modification of a custody arrangement is filed or answered frivolously and in a manner designed to harass the other party, the court will assess attorney's fees as costs against the offending party.
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Costs and Attorneys Fees
If a petition for modification of child custody or parent-time provisions of a court order is made and denied, the court will order the petitioner to pay the reasonable attorneys' fees expended by the prevailing party in that action, if the court determines that the petition was without merit and not asserted or defended against in good faith.
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General Custody Considerations
If a husband and wife having minor children are separated, or their marriage is declared void or dissolved, the court is required to provide for the future care and custody of the minor children as it considers appropriate.
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