Legal Question in Family Law in Indiana

Modify Divorce Agreement

I have been divorced for about seven years now. I have two girls, 13 and 15, who I have full custody of. My oldest daughter was getting out of hand and wanted to move in with her father. My ex owes back child support in the amount of $9,269. He hasn't had anything to do with the girls for a couple of years. My youngest doesn't want anything to do with him, but my oldest insisted on going to live with him. After many months of fighting with her and almost losing my job, I let her go. The thing is, I'm in Kentucky and they are in Indiana. He was recently put in jail for failure to pay support. Can I modify my divorce papers to give him full custody of her so I don't get in any legal trouble. At this time she is staying with her half-brother, but legally I still have custody. What can I do? I heard her half-brother might be going out of town to work and will leave my daughter alone unsupervised. She doesn't want to be with me, but her dad and he's in jail.


Asked on 3/01/04, 3:42 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Modify Divorce Agreement

This is one of the dangers in all domestic cases. You really need to find a relative or other responsible adult for the child to reside with and have that person seek a guardianship over the child. If you seek to modify the custody decree to a parent who is in jail, you will not find the judge very sympathetic. A 16 year old is not an adult under the law of any state and the parent could report her as a run away, she could get in a variety of trouble if picked up and should not be left alone. You have a very serious problem with her, but modification of custody to a parent in jail is not the solution. You need to get her back home and into counseling.

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Answered on 3/02/04, 9:20 am


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