.... Actions for modification of child custody are controlled by IC 31-17-2-21. Specifically, before the Court can change custody, there must be a showing that there has been a ...change in any of the factors found in IC 31-17-2-8. Furthermore, the modification must be in the best interests of the child. After hearing evidence on the petition..., the Court now finds that there have been changes in the factors listed in IC 31-17-2-8. 1. The custody modification that resulted in the child residing with...

...a minor child, the court shall be guided by the best interest of the child rule under IC 31-17-2-8. However, there is a presumption in favor of a parent of a minor child who...: (1) has been making support payments and fulfilling other duties in accordance with a decree issued under IC 31-15, IC 31-16, or IC 31-17 (or ...guided by the best interest of the child rule under IC 31-17-2-8." Id...

...: "`Joint legal custody', for purposes of IC 31-17-2-13, IC 31-17-2-14, and IC 31-17-2-15, means t...that the custody settlement was in the best interest of the child. Pursuant to A.D.R. 2.11, mediation "shall be regarded as settlement negotiations." Indiana Code 31-15-2-17 states in part...) maintenance; and (D) custody; as provided in this title." I.C. 31-15-2-17...

...necessary for our disposition, we do not address it. We note, however, that IC 31-17-2-10 allows a court to seek professional advice in custody matters and states that the advice "shall be given in writing...toward their child's college education, there is no absolute duty on the part of parents to provide a college education for their children. Id. at 166. See also IC 31-16-6-2 (permits....'")). Specifically, IC 31-16-6-6(a) provides in pertinent part: The duty to support a child under this chapter ceases when the child becomes twenty-one (21...

.... Section 31-9-2-30 states that the definition of "custodial parent" is given "for purposes of IC 31-14-13-8 [Custody Modification Proceeding...Violation of Injunction or Temporary Restraining Order; Considered in Custody Modification], and IC 31-17-4 [Visitation Rights of Noncustodial Parent]." The conclusion that...person and the child; and (D) the child knowingly and voluntarily joins with the waiver. Ind. Code § 31-32-5-1(2) (1998...

...emotional environment in the home of each of the persons awarded joint custody. 10 "'Joint legal custody', for purposes of . . . IC 31-17-2-13 . . . and IC 31-17-2-15, means that.... See Gonzalez v. Gonzalez, 893 N.E.2d 333, 335 (Ind. Ct. App. 2008). Ind. Code § 31-17-2-13...." Ind. Code § 31-17-2-15 provides: In determining whether an award of joint legal custody under section 13 of this chapter would be in the best interest of the child, the cour...

...the child rule under IC 31-17-2-8." Ind. Code § 34-28-2-4(d). Section 31-17-2-8 provides in pertinent part: In determining the best in...payments and fulfilling other duties in accordance with a decree issued under IC 31-15, IC 31-16, or IC 31-17 (or IC 31-1-11.5 before its repeal); and ...Mother argues, to interview the children to determine whether they wanted to change their names. Ind. Code § 31-17-2-9 provides the court "may" interview the child, not that it "must...

...with the rest of the statute. Id. In concluding that this statute did not apply to Mother, the trial court stated as follows: IC 31–17–2–21.3 does not.... Whether the trial court's order contravened Indiana Code section 31–17–2–8. III. Whether the trial court erred in relying on an updated custody evaluation...). Under Indiana Code section 31–17–2–21(a), a trial court may modify a child custody order if (1) the modification is in the best interests of the child; and (2) there is a substantial change i...

...the respondent agree that the ex parte communication between the respondent and the judge occurred in a manner not permitted by law. Indiana Code 31-17 et seq., (dealing with "Family Law: Custody and Visitation Rights"... (2) the applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give notice and the reasons supporting his claim that notice should not be required...

...consider the factors described in section 8.5(b) [IC 31-17-2-8.5(b)] of this chapter." See also Fields v. Fields, 749 N.E.2d.... I Change in Custody Indiana Code § 31-17-2-21 (Burns Code Ed. Supp. 2001) provides that...initially determining custody under Indiana Code § 31-17-2-8 (Burns Code Ed. Supp. 2001): (1) The age and sex of the child...

...one (1) or more of the factors that the court may consider under section 8 [IC 31–17–2–8] and, if applicable, section 8.5 [IC 31–17–2–8.5] of this chapter. ...evidence is sufficient, the court shall consider the factors described in section 8.5(b) [IC 31–17–2–8.5(b) ] of this chapter. (Alteration in original). “We review custody modifications for abuse of...this chapter. Ind.Code § 31–17–2–21 (alterations in original). Indiana Code Section 31–17–2–8, governing initial custody determinations, provides: The court ...

.... Indiana Code Section 31-9-2-35.5 defines "de facto custodian" in relevant part as follows: "De facto custodian", for purposes of IC 31-14-13 [pate...not include a person providing care for a child in a foster family home (as defined in IC 31-9-2-46.9). Before custody can be awarded to a third party, that third party must demonstrat...to consider the factors set forth in I.C. 31-17-2-5.5 regarding child custody in making a determination as to the best interests of the minor children herein...

.... IC 31-17-2-8. Here, Mother's challenge to the custody award is essentially three-pronged. First, Mother claims the trial court failed to adequately con...jointly acquired property[.]" Appellant's Brief at 17. An equal division of marital property between the parties is presumed to be just and reasonable. IC 31-15-7-5. However...evidence of a pattern of domestic violence as required by IC 31-7-2-8(7). Second, she asserts as prejudicial and erroneous the trial court's findings that her act of removing herself and the children to...

...follows: 2. There has been a substantial change in one (1) or more factors this Court may consider under IC 31–17–2–8. Modification is in the best interest...governs proceedings regarding spousal support, child support, and paternity. Ind.Code § 31–18–7–2. The section on UIFSA jurisdiction states as follows: “Nothing in this chapter shall be construed to...stipulate to the jurisdiction of the court with regard to custody, parenting time, or the surname of a child.” I.C. § 31–18–7–2. Mother argues that because there was never an explicit...

...pertinent part, as follows: 2. There has been a substantial change in one (1) or more factors this Court may consider under IC 31-17-2-8. Modification is in the best.... I.C. § 31-14-13-2. Here, the record reveals that Mot.... -------- Mother makes much of the fact that Father did not file a motion opposing the relocation pursuant to Indiana Code section 31-17-2.2-1(b). Filing such a motion would have been impossible...

...involved in extracurricular activities to the same extent as when they lived in Goshen. IC 31-17-2-17 states that (a) Except . . . as provided in subsection (b); the custodian may...context of IC 31-17-2-17 to mean legal custodian of the child. Here, [Mother] has sole legal custody of the children. Upon [Father's] motion objecting to the change of school system, and in...in one of the factors listed in IC 31-17-2-8. Preserving the children's connections to the Goshen community, in spite of the familial upheaval, by their continued attendance of Goshen schools is in...

.... IC 31–17–2–17 states that(a) Except ... as provided in subsection (b); the custodian may determine the child's upbringing, includin.... The courts have interpreted “custodian” in the context of IC 31–17–2–17 to mean legal custodian of the child. Here, [Mother] has sole l...order to modify a child custody order, the Court must find that doing so is in the best interest of the child and that there is a substantial change in one of the factors listed in IC 31–17–2–8...

...on a substantial change in circumstances as required under Indiana law. 9. Under IC 31-17-2-21, the court may not modify a child custody order unless (1) the modification is in the best...substantial change in one or more of the factors a court may consider under Indiana Code Section 31-17-2-8 when it originally determines custody.... See Ind. Code § 31-17-2-21. Section 8 provides: The court shall determine custody and enter a custody order in accordance with the best interests of the child...

...matters relating to the following: (1) Minors described in IC 31–30–1–1. (2) Matters related to guardians of the person and guardianships of the person described in IC 31–30–1–1(10). (d) Except...–1; or (3) IC 31–21–5 (or IC 31–17–3–3 before its repeal); have original and continuing jurisdiction over custody matters relating to minors. Ind.Code § 29–3–2–1...–19–2–14; see alsoInd.Code § 31–14–21–13 (“Upon notice that a court in which an adoption is pending has assumed jurisdiction of a paternity action under IC 31–19–2–14, the court in which the...

...order because it could be used to enact an automatic change of custody at some point in the future. We begin by noting that the procedure established by Ind. Code § 31-17-2-23 will almost always result...: The mother suffered no prejudice from this modification since it actually gives her more latitude than IC 31-1-11.5-21.1 [predecessor of I.C. § 31-17-2-23], wh...restriction was unlawful even though it provided more latitude than the statute: It should be emphasized [I.C. § 31-17-2-23] limits the issue before the trial court to the stated relocation. T...