Legal Question in Family Law in Indiana
Fighting For Custody
My husband has a three year old son.The babies mom just up and moved him 60 miles away from all his family for a new job.We had been watching him on a daily basis while she worked here in Indiana.Now he is in a daycare 10 hours a day,around people he has no idea about.Where she moved her job is still 45 minuates away.The baby is drug out at 5:30am and does not get back to his home until 5:00pm.She gets to spend an average of 3 hours a day with him.On Tuesdays she goes to school after work and doesn't get any time with him at all.We are able to be with him 24 hours a day and he would be around all his family.There,he has noone.We filed for custody yesterday.What do you think our chances may be?He would not have to be taken from his home for 11 hours a day around people he knows nothing about.We picked him up the other day for our visitation, and this baby is a mess.Wants to cling to you,crying over every little thing.He's never been like this before.I feel so sorry for him.He went one from being around all his family on an everyday basis to not seeing them at all for a week or better.
1 Answer from Attorneys
Re: Fighting For Custody
It's difficult to get a modification in custody unless there is some way for you to show that she's unfit.
It's possible the judge could see things your way, but it's going to be a tough, expensive battle.
Best of luck to you....