Legal Question in Family Law in Indiana
Child Custody
I divorced my x-husband 5 years ago and he got custody of our 2 kids. My X has lived with his mother and father with our kids for the last 5 years. Ever since the divorce my X has not spoken to me and his mother is the one that say's what is going to happen. She say's she is the care giver and things go how she say's. If the kids go to their father to ask if they can do something he tells them to go ask their grandmother. She tells our kids that she is their mother and father because she is the one that takes care of them. The oldest child is 16yrs old and now wants to come live me. But his grandmother says I have to take them to court if I want the child. My child is depressed and unhappy. My child and his grandmother fight and yell at each every day. I dont have the money to get a lawyer, and leagal aid say I make to much money. What can I do? And what are my chances of getting my child back? Thank you for listing.
1 Answer from Attorneys
Re: Child Custody
You can write up your own petition asking the Court to modify custody and file it with the judge and have a copy of the petition and order to appear that you prepare served upon the former spouse and his mother (or parents since grandmother is claiming status). If you do not know what a petition should look like, ask the Clerk of the Court to see your file and look at what past petitions look like. Alternatively, you can write a letter, be very detailed about what you want to have occur and why, and send it to the judge. Some judges will order a hearing on the basis of your letter, while others will insist that you actually file a formal petition (with or without a lawyer) and provide a form for the court to set a hearing date on. You need to supply the Court with both your address and that of your former spouse, as the Court is unable to get service on the responding spouse if there is no address.
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