Legal Question in Family Law in Indiana
Child Custody
My 16 year old son lives with his mother in Indiana and now wishes to live with me (his father) in Kentucky, my ex-wife is in agreement. Do we have to hire an attorney or is there an easier way of doing the change in custody?
2 Answers from Attorneys
Re: Child Custody
Some non-mechanics are good with their hands and can repair and maintain their cars without using a mecahanic, most people can not. The same holds true for legal matters. If you can figure out how to calculate child support in compliance with Indiana Law as well as the parenting time provisions, and whatever else the court may require, then you will not need an attorney. If you do not feel that you can, then hire someone. Based on the facts presented, attorneys fees should be minimal as no hearing will be necessary.
Good luck.
Re: Child Custody
If you have joint custody, everyone is in agreement, and there is trust that the agreement won't be taken back on a whim, then the simplest thing to do is just bring him down.
If one or more of the above is not true, then the best thing to do is to enter an agreed order with the court. You can draft your own agreed order. If you look at your divorce papers, you can see the headings that would appear. Then the body of the order would be a statement saying how the custody is changing. You both sign and have a place for the judge to sign. It would be best, though, to hire an attorney just for the drafting of the order. It should take no more than 30 minutes.
In Kentucky, though, such an agreed order is open to challenge because a custody modification should be done through KRS 403.340 & 403.350. These Agreed Orders are fairly common, however, and should accomplish your goal.