Legal Question in Family Law in Indiana
father needs custody
my husband has 2 children-ages 7 & 11. the 1st grader can barely write her name-(biggest accomplishment.. that she can kind of write it)(5thgrader Ds & Fs.) they lie... thx to mother... forge signatures.(5th grader) they were told daddy loves other kids more than them...doesnt help financially... so she cant buy any toys they want.we buy anything special they want, & vacations. They both have not been to an eye doctor, or dentist in 4 yrs, teeth have a white scum on them.same glasses for 6 yrs & ALL clothes come from fathers mother... WILL NOT GET TUTORING FOR CHILDREN she tells the kids they r slow & 6 yr old retarded. (shes not, just NO help) & wont disipline for anything... including grades... we try & she wont agree... we have a GREAT school system & 2 children with straight As. Can we win custody...they need it? she has gone for more support... now we cant get the braces needed... and she wont. what would a judge say?
1 Answer from Attorneys
Re: father needs custody
Indiana law requires that you plead and prove a substantial change of circumstances to modify custody from a decree. Most Indiana courts require mediation prior to court hearings. You need to consult a lawyer to begin the modification process in the county where the divorce was granted, paternity established or which currently has jurisdiction over the proceeding.