Legal Question in Family Law in Indiana

My ex husband was awarded custody of our 17yr and 13yr old daughter, based primarily on the fact that the 17yr old did not want to abide by my rules and she was of age to decide where she wanted to live. The judge awarded him custody of both girls (he did not want them separated).

Since being granted custody of our daughters, he has allowed the oldest to quit school and move out. The yongest came home this past June to live with me, I have enrolled her in school, the ex husband actually wrote out a statement that my youngest would remain in my care for the duration of her education and sent it to the school.

We were divorced 5yrs ago, I met my fiancee about a year later and we are to be married. The ex husband is now stating that my daughter CAN NOT live with me because he doesn't like the fiancee and states my daughter doesn't. However, I know different.

With him not caring for her and writing out that paper, can he dictate where she is to be? He came and got her and dropped her off at the grandparents house. Can I get my daughter and bring her back home with me?


Asked on 10/13/10, 3:37 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

You need to file a motion to modify to get your daughter back with you. The paper you have should be good evidence in that case. Until the judge changes things, father is the legal custodian.

Good luck.

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Answered on 10/18/10, 6:02 am


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