Legal Question in Family Law in Indiana
custody
do i have a chance of getting my daughter away from her mom without paying alot of money for a lawyer?my daughter is 16 and she told her mom she wants to live with me and her mom told her if you go live with your dad i never want to see you again.we were kept apart for almost 10 years of her life and now she wants to live with me and get away from her mom.her mom is always telling her finding me was a mistake and whenever i buy my daughter things her mom tells her your dad is just trying to buy your love.
2 Answers from Attorneys
Re: custody
The cost will be determined by whether the mom contests the Petition to Modify. If she does not, then it wont cost much. If she does, it will.
The fact that your daughter wishes to live with you is one of many factors that the court may look at to determine whether it is in your daughter's best interest to have a change of custody.
Practically speaking, if you have been a good father, regularly had parenting time, participated in school conferences and other activities, have no criminal record, no history of addiction problems, have lived a relatively stable life and can provide a safe and loving environment for your daughter and she wishes to live with you, the court will probably allow the change.
Good luck
Re: custody
Unless mom agrees, there is no way to tell about the cost. The courts will be interested in whether you having custody will be in the child's best interests. Nothing you have said gives me any ideas on that other than your concern not to spend a lot of money. I have a post on my blog about custody modification that may help:
http://haslerlaw2.blogspot.com/2007/02/modifying-decree-custody-modification.html