Legal Question in Family Law in Indiana
Can I get custody of my five month old niece if I have been told by my brothers wife that he neglects her. The childs mother is scared to leave the baby with the father because he has on several occasion put his hand over her mouth and nose to try to stop her crying. There is possible abuse involved but I have no proof other than what his wife says?
1 Answer from Attorneys
To obtain custody, you essentially have to show that both parents are unfit. Have you urged her to go to a battered woman's shelter? Have you talked about his parenting habits with him? What evidence do you have of a problem with your brother being violent OTHER than his wife's description of the situation (people have been known to lie to gain sympathy or other advantage).
Have you reported this to Child Protective Services? (If you believe what you are hearing, you are REQUIRED to do so under Indiana law)
Telling a court that you heard he does something bad will not be enough to overcome the presumption that children should stay with their parents.
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