Can You File An Appeal For Change Of Custody

Can I File A Petition To Modify Child Custody Where Custody Is On Appeal?

Tin can I File A Petition To Modify Child Custody Where Custody Is On Appeal?

Aye. No. Possibly.

In Indiana, child custody is always modifiable, if modification is in the child's best interests and there is a substantial change in ane (1) or more than factorsⁱ the court can consider nether the initial custody decision statute, namely (1) the age and sexual activity of the child; (2) the wishes of the kid's parent or parents; (iii) the wishes of the child, with more consideration given to the child'due south wishes if the child is at least fourteen (14) years of historic period; (4) the interaction and interrelationship of the kid with the child'southward parent or parents, the kid'southward siblings, and any other person who may significantly affect the child's best interests; (five) the child's adjustment to the child'due south home, schoolhouse and customs; (6) the mental and concrete health of all individuals involved; (7) bear witness of a pattern of domestic or family violence past either parent; (8) evidence that a child has been cared for by a de facto custodian, or (9) a designation in a power of attorney of the child's parent or a person found to be the child'southward de facto custodian.^two Even so, some courts have the position that a year should have passed earlier a parent seeks a kid custody modification, much like a portion of the child support modification statute. That said, if custody has been determined and modified under these statutes and information technology is on appeal, tin a person file a petition to modify child custody?

The upshot here is once an appeal of a child custody decision is filed, the Court of Appeals acquires jurisdiction over the custody appeal on the engagement the Notice of Completion of Clerk'due south Tape is noted in the Chronological Example Summary.³ This ways that the trial courtroom lacks or is divested of jurisdiction. Thus, if the request to modify is in some way related to the awaiting appeal, it would likely require a motion to be filed in the Court of Appeals seeking a stay and remand of the instance to the trial court. Certainly, an objection raising a lack of jurisdiction in the trial court is foreseeable. This stay may be denied.

Normally, this is not the example. This is perhaps best illustrated by an example. Suppose a father was awarded custody on divorce and the mother appealed. If later the Court of Appeals acquired jurisdiction over this custody decision, the mother was arrested for methamphetamine use and dealing, this would course a new basis for modification and yous could have an appeal of the existing guild being reviewed on appeal and, simultaneously, a modification case existence heard in the trial court. This is considering child custody is always modifiable to constantly permit the children's best interests to exist met. All the same, if the custody modification was denied by the trial courtroom for some reason, the instance pending on appeal when decided, would control. If custody was modified based on the subsequent modification petition, then the conclusion of the Court of Appeals would likely exist moot no matter what it decided.

Ultimately, facts that impact what is in a child'southward best interests and meeting the burden proof nether the modification statute can sometimes happen speedily and announced to put a litigant in a position of not existence able to motion to modify custody based on some "smoking gun" outcome, such as the abort used in the hypothetical state of affairs used in this blog. All the same, while it may take coordination with both appellate and trial counsel (if they are unlike), the rules that govern appeals, trial practice, and custody matters e'er allow a kid's needs to be heard past a court and met. While this is highly technical and may meet various objections, skilled counsels can navigate these waters to help you address your children's best interests and go back to courtroom.

This web log was written past attorneys at Ciyou & Dixon, P.C. who handle domestic cases across in all ninety-two (92) counties in the state. The business firm handles appeals of all types equally well. This weblog is written for general educational purposes just and is not intended every bit legal advice or a solicitation for services. Information technology is an advertisement.

Indiana Lawmaking section 31-17-2-21.
Indiana Code section 31-17-two-8.
Indiana Rule of Appellate Procedure 8.

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Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche police house focused on successfully dealing with the complexities of divorce, high-conflict child custody and family unit police. Known for their power to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon volition guide you lot every step of the manner. The family unit police attorneys at Ciyou & Dixon, P.C. will aid y'all precisely identify your objectives and the ways to achieve your desired result. In addition, this practice focus is augmented by the house'south other three core areas, namely appellate advocacy, ceremonious practise, and firearms law. Life is uncertain. Be certain of your counsel^SM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion Canton, Hamilton County, Hendricks Canton, Allen County, Delaware County, Morgan County, Hendricks Canton, Boone Canton, Vigo County, Johnson County, Hancock County, and Tippecanoe Canton, Indiana.

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