Legal Question in Family Law in Indiana

How can i get joint custody for my son if I'm not the custodial parent. i currently pay child support for my son. he's 5 now. i think my sons living conditions are not suitable and unstable for him because he's lives in two different places. He stays at his grandmothers house when his little 7 month old sisters dad fights his mother. The last time they recently had a fight my son told his sister dad to get off of his mother, he turned around and slapped my son in the eye. How do i know ? He voluntarily tells everything he does when he is not with me and my wife. And when he's at his grandmothers house there's 3 adults and one child. every adult in the house smokes. My son cant be in any smokey environments because he is asthmatic. Every time i arrive to pick him up i walk in the house and its cloudy. His mother does not have a car to take him to school and pick him up. She call folks and try to catch a ride when ever she can. Its gotten to the point where i cant just sit back and watch my son suffer be mentally and physically child abused its got to be something i can do? Do i have a case? Is there a law that can help me?


Asked on 11/29/09, 3:45 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Yes, you can file a motion with the court and ask to change the child custody arrangement (and child support will be reduced as well). You can ask for Joint Physical and Legal custody or even Sole custody. It will be up to the judge to modify your custody arrangement. It should be possible to achieve if you can show that you are a "fit parent". You may need to consult or hire a lawyer who specializes in Family law (divorce, custody).

Note: The above response is provided for legal information purposes only and should not be considered as legal advice.

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Answered on 12/04/09, 4:42 pm


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