Legal Question in Family Law in Indiana

I have 13 yr old who lives with his step-grandmother. His grandfather passed away. It is my ex's parents. He has been moved from home to home with them and quite often I, the non-custodial mother with visitation, am used as a punishment, meaning if he gets grounded or in trouble, he doesn't get to see me. The step-grandmother and I argued and it came out that he wanted to come live with me. He got yelled at after I left and now they are giving him the silent treatment. He has told his school counselor he did not want to go home today because he was afraid. He's constantly being emotionally abused. His father is in jail and she compares my son to him ALL THE TIME!! She belittles him, telling him he's stupid or he's not good enough to do a sport in school. He's a really active kid and wants to be with me and his 2 brothers. I want to take her to court to get custody. I wonder, is using me as a punishment against his rights and my visitation? And could the courts look at the times they've moved as something not in his best interest and will they take into consideration what the school counselor was told by my son about being afraid to go home and wanting to be with me? They are thinking of moving again too. I am currently looking for an attorney that will work with me with payment plans as well as going to Legal Aid 8/31/11. Thank you.


Asked on 8/30/11, 4:13 pm

1 Answer from Attorneys

The answer is that all of those factors are things that a judge would consider in determining whether a change in custody is in the best interest of your child.

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Answered on 9/06/11, 5:34 am


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