Legal Question in Family Law in Indiana
My husband has joint legal custody of his son and is the non-custodial parent. The mother was arrested for public intox (went to work at an elementary school drunk) in August and this week was so drunk she couldn't come pick her son up and her girlfriend told us they were taking her to rehab. The mother never notified the father she was leaving for an unspecified amount of time and if she's going to rehab against her will what are the odds the judge will (at very least) switch custody to make the father primary custodian? She has a track record of alcohol problems and we worry she'll be able to claim she's miraculously "rehabilitated" when in fact she's a functioning alcoholic and likely did not check herself into rehab to begin with.
1 Answer from Attorneys
it is impossible to give odds. However, your husband does have solid grounds for seeking a modification. he may even have grounds for doing so on an emergency basis. I suggest that you contact a local attorney asap.
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