Legal Question in Family Law in Indiana
Custody Dispute
My sister is taking my ex brother-in-law back to court to try and get full custody of their two children in Lake County, Indiana. Their original agmt (and this all went through the court) said that he could not move 30 miles from my sister, he moved 35 miles from her in October not to take the kids away from their mother but because their neighborhood was getting very bad and their home had gotten broken into twice. Does my sister have a good case here to gain custody of the kids? My sister is not a good mother and was not given custody of the kids originally after the judge heard all of the voicemail messages that my sister left on her ex's cell phone which included messages that she was going to beat her daughter and that she couldn't handle them. The other unfortunate part of all this is my ex brother-in-law is just over the line of making too much money to get legal aid but he cannot afford a lawyer and is afraid if he does not get a lawyer that he'll lose custody of the kids because of my sister having a better lawyer. Are there any organizations that can help my former brother-in-law in this situation?
1 Answer from Attorneys
Re: Custody Dispute
First, I cannot state specidically as to Indiana law. I am licensed to practice in Illinois. However, if the father has an adequate reason for moving the children, then the judge may overlook it. From what you stated, the judge may be reticent to give custody to the mother given her threats. The father needs to be honest and forthright with the judge. He should explain why he moved 35 miles away. He might want to state that his only concern was in the best interests of the child, and that to stay in the current neighborhood could have been extremely harmful to the child.
Good luck.
Very truly yours,
Thaddeus J. Hunt, Esq.
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