Legal Question in Family Law in Indiana
Deposition of witnesses in custody battle
My ex-husband is trying to take custody away from me. I have had custody, that he agreed to, of our 3 yr old daughter since 8/00. Now that I have remarried he is taking me back to court.
His attorney is wanted to depose myself and my new husband. He is going to try to bring up things from my new husband's past. Can he do that?
And since my husband will be missing work and not paid for the time he misses, should my ex or his attorney pay for his time??
1 Answer from Attorneys
Re: Deposition of witnesses in custody battle
In order to get a change of custody at this point, he has to prove you unfit. Unless you are a loser, crackhead or prostitute, that's pretty tough to do.
No, no one is going to pay your husband for missed work.
However, you can ask for your ex to pay your attorney fees for this action.
Your chances are good if there is a disparity in income or if the judge thinks his allegations are groundless.
And your ex can only discuss things that happened since the last decision on custody. He can't go back beyond that to trash you. There have to be recent problems, all that cropped up AFTER he agreed to let you have custody.
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