Legal Question in Family Law in Indiana

Help Please! Can I get more custody?

My ex-husband and I share joint custody of our two year old son. We each have him for one week then we switch.In our divorce decree it states that we are to follow the parent of first choice rule. Which basically means that if the child is with you and you need a babysitter you are to contact the other parent to see if they would like the child before asking another party to keep the child. Anyway my ex has been breaking this on a regular basis. On the weekends he has our child he is going out and getting drunk with his friends and leaving our son with his family members and never once calls me to see if I would like to keep him. He aslo admitted to me that he is smoking marijuana. He has on numerous occasions stuck our son in the car without a car seat. Also he has picked up our son in a dumptruck without a carseat. His father put our son on a 4-wheeler whithout a helmet and recked it, my son had to have 14 double stiches in the head. He is always being careless with him. He is already teaching him how to shoot a shotgun. Which I have many witnesses saying he keeps loaded shotguns laying around his house. My question is do you think it is a good possibility if I took him back to court I could get more custody?


Asked on 11/08/06, 9:45 am

1 Answer from Attorneys

Re: Help Please! Can I get more custody?

It sounds to me that you have grounds for modifying the present custody situation. However, be aware that if hs lives with the family members that he leaves your child with,the Parent of First Choice Rule may not apply.

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Answered on 11/08/06, 11:05 am


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