Legal Question in Family Law in Indiana

child custody evaluations

Does my ex-husband of two years have to prove allegations in order for a judge to order a custody evaluaton? I currently have custody. Can I make him pay for my attorney fees if I prove his allegations to be false? Can I make him pay for the evaluation since he is requesting it?


Asked on 11/10/00, 5:26 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: child custody evaluations

A judge may order a custody evaluation upon petition of one of the parties once a petition to modify custody is filed. Some judges will hear the evidence from the parties to determine whether an evaluation is necessary; others will order the evaluation prior to hearing. Most courts require mediation prior to court hearings at which the issues of evaluation and attorney fees can be determined. How costs and fees are determined in Indiana are discretionary with the judge and there is no hard and fast rule about who pays what.

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Answered on 11/20/00, 4:33 pm


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