Legal Question in Family Law in Indiana
Can a custody ruling be overturned?
My friend (the mother) lost custody of her three children. The judge in the case used gross judgement and totally disregarding strong evidence and testimony. The father obtained custody even though it was documented through lie dectector tests and the children's counseling records that he sexually abused them. The kids now live with their perpitrator! There was a pay for hire expert witness that lied through his teeth about the facts. My friend didn't have the money to hire her own expert witness but the cross exam proved the expert witnesses testimony wrong. The judge seemed to turn the other cheek. Their was also testimony from baby sitters, myself (the kids told me everything) and several others about the sexual abuse. It was the most horrible decision I've ever heard of and devistating to be a part of. The judges final decision was filled with gross errors. My friend's ex filed for custody only after the children had disclosed the abuse. It is well documented that he never wanted anything to do with them prior to that. He never even paid child support. My friend only ever asked for properly supervised visits but was accused of being a parental alienator. Is there anything that can be done to remedy this?
2 Answers from Attorneys
Re: Can a custody ruling be overturned?
Depending on the time frame, a Motion to Correct Errors , an appeal or a Motion to set aside could be filed.
Re: Can a custody ruling be overturned?
Depending on the time frame, a Motion to Correct Errors , an appeal or a Motion to set aside could be filed.