Section YAE.08.12 — Modification Of Court Orders

(a) The Court may order the following modifications to legal custody orders or physical placement orders, unless the modifications are being requested by a parent who is proposing to move a child, in which case Section YAE.08.14 shall apply.

(b) Substantial Modifications.

(1) Within Two (2) Years After Final Judgment.

(A) Modification Necessary Because Current Conditions Are Harmful to Child. The Court may not modify any of the following orders within the initial two (2) years after entry unless the party seeking the modification shows by substantial evidence that the modification is necessary because the current custodial conditions are harmful to the best interest of the child:

(i) An order of legal custody.

(ii) An order of physical placement if the modification would substantially alter the time a party may spend with the child, unless required by circumstances in accordance with subsection (b) below.

(B) Modification of Substantially Equal Physical Placement Orders. If the parties have substantially equal periods of physical placement pursuant to a custody order and circumstances make it impractical for the parties to continue to have substantially equal physical placement, then the Court may modify the order if it is in the best interest of the child.

(2) After Two (2) Year Period.

(A) Upon a party's request, the Court may modify an order of legal custody or an order of physical placement where the modification would substantially alter the time a party may spend with the child if the Court finds all of the following:

(i) The modification is in the best interest of the child.

(ii) There has been a substantial change of circumstances since the entry of the last order affecting legal custody or the last order substantially affecting physical placement.

(B) There is a rebuttable presumption that:

(i) Continuing the current legal custody order is in the best interest of the child.

(ii) Continuing the child's physical placement with the party with whom the child resides for the greater period of time is in the best interest of the child.

(C) A change in the economic circumstances or marital status of either party is not sufficient to meet the standards for modification.

(c) The Court may modify an order of physical placement, which does not substantially alter the amount of time a party spends with the child, at any time if the Court finds that the modification is in the best interest of the child.

(d) The Court may deny a party's physical placement rights at any time if it finds that the physical placement rights would endanger the child's physical, mental or emotional health.

(e) The Court may modify an order of physical placement at any time if it finds that a party has repeatedly and unreasonably failed to exercise periods of physical placement as allocated under that order. A failure to exercise periods of physical placement due to active military service shall not be grounds modify an order of physical placement.

(f) If a party opposes modification or termination of a legal custody or physical placement order, then the Court shall state, in writing, its reasons for the modification or termination.

(g) If after an initial order is entered, the parties agree to a modification in an order of physical placement or legal custody and file a stipulation with the Court that specifies the agreed upon modification, the Court shall incorporate the terms of the stipulation into a revised order of physical placement or legal custody unless the Court finds that the modification is not in the best interest of the child.

(h) The Court may not enter an order for modification until notice of the modification request has been given to the child's parents, if they can be found, guardian and to any person having custody of the child.