Legal Question in Family Law in Indiana
Me and my daughters dad have 50/50 custody of our daughter but he doesnt follow visitations and doesnt help provide for her, he maybe see's her 5 days out of a month, so he was ordered to pay child support and i was wanting to take him back to court to get sole physical custody what should i do?
2 Answers from Attorneys
If he is paying child csupport under the guidelines based upon his time with the child now, and the child is primarily living with you, what is the purpose for modifying the order? Just to "prove" that you are the better parent? Not a good enough reason.
If there is a real problem that could be fixed by returning to court, talk to an attorney about the best way to go about it.
If the father's lack of participation with the child is making it difficult to make joint decisions, then you may be able to modify custody and should consider filing a Petition to Modify. If he is behind in his child support, you need to file a Petiton for a Rule to Show Cause why he should not be held in contempt. There may be forms available at the Indiana Judiciary Website. However, getting a form and not knowing how to present a case in court is like having a hammer and not knowing what is the proper kind of nail to use. All or some of the following laws and rules may apply: the Indiana Code Chapter 31, the Indiana Trial Rules, the Indiana Rules of Evidence, the Indiana Parenting Time Guidelines, the Indiana Child Support Guidelines, case law and and the local rules for the county where your case is. You should seriously consider hiring counsel who is familiar with the procedures,codes, statutes, rules and laws. Good luck.