Legal Question in Family Law in Indiana

Getting Child Custody

I have supervised visits with my daughter every other weekend. I was wanting to know how I go about getting her back in my sole custody. Her father doesn't work. He doesn't even have her on food stamps and medicaid. I want to go right into getting sole custody of her. I was wondering if you had a list that shows me what I have to prove to the court to get this all started. Thank you!!


Asked on 6/24/04, 9:48 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Getting Child Custody

There is no magical formula or real list for you to follow. Obviously there was an underlying problem for the court to order supervised visitation. If you have been consistent on visitation and solved the underlying problem; are employed; have a decent place to reside, then you are in a position to petition the court for changes. Also the type of situation that led to supervision of visitation (whether you were in the divorce or paternity court or it came about as the result of a juvenile court proceeding) will be very important for your attorney to determine what steps to take next. The factor that the custodial parent is or is not receiving welfare of any sort may not be particularly important in this situtation. You need to show the Court that there has been a substantial change in circumstances which makes it in your child's best interests to be in your custody and this does not necessarily mean just an improvement in your situation but also a corresponding or increasing problem with where the child lives now.

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Answered on 6/24/04, 11:12 am


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