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

Terms Used In Indiana Code 31-17-2-21

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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.