Legal Question in Family Law in Indiana
child custody concerning a parent and her significant other
My mother is fighting for custody of my sister and I. The court is ruling that she won't be awarded custody unless she moves out of her boyfriend's house because of allegations against him. My father would prefer my sister and I to be put into a foster home. My mother is financially incapable of living on her own. The chances of my sister and I ending up in a foster home are high. Does the court have any right to inhibit my mother, my sister, and I from living with my mother's boyfriend based on allegations?
1 Answer from Attorneys
Re: child custody concerning a parent and her significant other
The Court is imbued with the authority to look out for the best interests of the children. Depending upon what the "allegations" against Mother's boyfriend are, it may not be in the children's best interests to reside in his home. You claim your mother cannot afford to live alone with the children. That is not necessarily information a child needs to have and should not have been discussed with you by either parent. The Courts have determined that involving children in adult issues is not in the best interests of the children. Your Father's expressed attitude is a surprise and indicates to me that you do not have a reasonable relationship with him. It is possible that the Court will (if your mother has so petitioned) increase the child support obligation of your father so that your mother will have the ability to live independently of a boyfriend who may have been determined to be harmful to her children. It may be that the children need counseling and to learn how to behave as children rather than small adults who are not old enough to be adults and learn they are not the ones in control.