Legal Question in Family Law in Indiana

Re: father's custodial rights

Yours sounds like an awful position to be in.

If you are going to fight for custody, NOW is the time to do it, rather than years down the road.

Why is that?

Right now, you just have to prove that you're the slightly better parent than her -- more stable, better job, able to spend time and energy on the kids. It's pretty easy to prove that you're slightly better.

Later on, say she has had the kids with her for a few years and you decide that you want them back: At that point, in order to get a modification of custody, you have to prove her unfit, which is pretty tough to do, unless she's a crackhead, prostitute, psychotic or homeless.

If you are wanting to fight for custody, I would definitely recommend that you get an attorney on board. Doing it pro se (or on your own) likely will be messy and frustrating.

Do some calling around and see who you feel comfortable with. You don't have to hire the first person you call.

And retainer rates can vary wildly, too.

Best of luck to you.

Re: father's custodial rights

Yours is a situation which is not all that uncommon. The first question you must honestly ask, is whether your wife is being a good mother. This is to say, is she providing support, affection and caring for them in a reasonable way in spite of her desire to end the relationship of marriage.

Custody is not viewed by the courts as some type of reward to the person who wishes the marriage to remain intact. Rather, the courts will look to what is in the best interests of the childern.

If you are on speaking terms with your spouse, you may wish to feel out that situation in an indirect way, rather then drawing battle lines making the childern the prize. Remember, courts want to see divorced parents continue to foster solid relationships with their childern. Another option to be considered may be joint custody. This will also allow both parents to have input regarding the childerns education, religious practice among other areas.

I would suggest that you seek out an attorney for more of a one on one dicussion and to assist in a careful, solid and result oriented approach.