Sec. 21. (a) The court may not modify a child custody order unless:
(1) the modification is in the best interests of the child; and
(2) there is a substantial change in one (1) or more of the factors that the court may consider under section 8 and, if applicable, section 8.5 of this chapter.
(b) In making its determination, the court shall consider the factors listed under section 8 of this chapter.
(c) The court shall not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described by section 8 and, if applicable, section 8.5 of this chapter.
[Pre-1997 Recodification Citation: 31-1-11.5-22(d), (e), (f).]
As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.9.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 17. Family Law: Custody and Visitation Rights
Chapter 2. Actions for Child Custody and Modification of Child Custody Orders
31-17-2-2. Application of Indiana Rules of Civil Procedure
31-17-2-3. Commencement of Proceeding
31-17-2-5. Responsive Pleading or Counter Petition
31-17-2-7. Court to Determine Law and Facts
31-17-2-8.1. "Disability"; Custody
31-17-2-8.5. Consideration of De Facto Custodian Factors
31-17-2-9. Court Interview of Child in Chambers
31-17-2-10. Professional Personnel; Court Consultation; Cross-Examination
31-17-2-11. Temporary Custodian
31-17-2-12. Investigation and Report Concerning Custodial Arrangements for Child
31-17-2-13. Joint Legal Custody; Finding Required for Award
31-17-2-14. Joint Legal Custody; Division of Physical Custody
31-17-2-15. Joint Legal Custody; Matters Considered in Making Award
31-17-2-16. Counseling for Child
31-17-2-17. Custodian May Determine Child's Upbringing
31-17-2-18. Continuing Supervision
31-17-2-19. Travel and Other Expenses of Witnesses
31-17-2-20. Confidentiality of Interview, Report, or Investigation
31-17-2-21. Modification of Child Custody Order
31-17-2-21.1. Delegation of Parenting Time During Deployment; Automatically Terminates Upon Return
31-17-2-21.2. Military Duties; Expedited Hearing; Allow Evidence by Electronic Means
31-17-2-21.3. Parent's Active Duty Service Not a Factor; Temporary Modification of Custody
31-17-2-21.5. Security, Bond, or Guarantee
31-17-2-21.7. Security, Bond, or Guarantee; Determinations
31-17-2-21.8. Parenting Time; Drug Testing
31-17-2-24. Notice of Passport Application for Child
31-17-2-25. Petition for Emergency Placement With Person Other Than Noncustodial Parent; Hearing
31-17-2-26. Submissions to the Court; Court Requests for Information