Legal Question in Family Law in Indiana

Getting custody

My husband is a previously divorced parent with 3 children. We are wanting to know how he can go about getting custody of his children. We are wanting custody of the children to improve their life style. The 9 year old has cerebral palsy and we dont think it is fair for her 7 year old sister to have to be responsible for her. The older 2 siblings have taken care of the 9 year old, but now that they are going to middle school, it will be the responsibility of the 7 year old to have the 9 year old ready for school in the morning. Another problem with this situation is that the mother wont take the 9 year old to Doctor appointments, or have her seizure medication filled. This is vital for the childs health. Can you please give us some advise. Thank you


Asked on 6/15/04, 8:01 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Getting custody

A custody modification always begins with a petition for the modification being filed in the court that granted the dissolution of the marriage. There is no additional filing fee, but most courts have local rules that require the particular documents that need to be filed (petition, order to appear, financial declaration and so forth). You may want to return to the attorney who represented you in the divorce or seek the services of another attorney. Some courts will require that there be a custody evaluation and some courts now require that the parties mediate prior to a court hearing.

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Answered on 6/17/04, 10:25 am


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