My headline has a bit of exaggeration to it. Old facts have no place in a custody modification case "unless the matter relates to a change in the factors relating to the best interests of the child..." If something happened five years or the day before the last custody hearing, it no longer matters (but for the exception above).
Here are the statutes setting out this rule:
IC 31-14-13-9 Custody Following Determination of Paternity
In a proceeding for a custody modification, the court may 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 in section 2 and, if applicable, section 2.5 of this chapter.
IC 31-17-2-21 Modification of child custody order
(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.
Remember, if you want more information about retaining me for a case, please give me a call at 765-641-7906.
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