Legal Question in Family Law in Indiana

child custody

can a parent sue for custody just because he makes more money than me, poor grades, and that the 13 yr old child has to help fix dinner a few nights a week?

and can a parent take you to court for ''I believe my ex-wife is using the stove in a dangerous manner'' when he has never been in my home and has never seen my stove and he has never seen me cook since our divorce in 1996


Asked on 11/21/03, 11:01 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: child custody

The particular reasons a non-custodial parent may use to seek a modification of custody may seem trivial to the custodial parent. How the court will view those reasons or the argument made depends upon the particular circumstances, as well as how much time the court can devote to your matter. The court is guided by "What is in the best interests of the child" as a criterion to modify custody. You will probably be required to participate in a custody evaluation and in mediation of the issue prior to being able to present the case in court, both of which will give you more time to evaluate whether the non-custodial parent's complaints are being taken seriously. A word of caution: If a child's grades have recently gotten much worse than they were before, it is a sign judges look to in determining whether the child is well-adjusted at home and to his community. If you have a child who is not performing up to his or her ability, then you may need to encourage the academics a little and if you don't this may be grounds for a modification of custody. Otherwise, teaching a child to have chores around the house and to cook have little to do with the situation.

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Answered on 11/25/03, 9:01 am


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