Legal Question in Family Law in Indiana

Modifying Current Custody Situation

My ex and I share joint custody of our 2yr old son. We switch every week so we both have him for one week straight. Since the divorce my ex husband has been drinking excessivly and bluntly told me he's been smoking pot. Also he has been leaving our son with many different people and we are supposed to be following the ''parent of first choice rule'' never once has he called me to keep him. My son is really starting to act out, he tells me ''No'' all the time, hits me, and pitches horrible fits not only on me but my babysitter also. I feel that he needs a more stable home enviroment. I don't really have the money to afford a lawyer and I've looked into Pro Bono but the women I spoke to said it would be really hard to find one and it could take months. Is there anything else I can do? What should I do? By tax time I'd have the money to start a case with the lawyer but if my ex decides to fight back (which I'm positive he will do)I don't have the money to keep going through court. I'm really concerned for my son but I feel so stuck, like I'll never be able to help him.


Asked on 1/10/07, 8:43 am

1 Answer from Attorneys

Re: Modifying Current Custody Situation

This is your child's welfare!! You are going to have to find a way to pay a retainer and hire an attorney. It is possible that the court will order your ex husband to pay the attorneys fees if there is a disparity in income on a Petition to Modify. However, you also may be able to file for contempt for violating the Parent of First Choice Rule and if you win, the court may order that he pay attorneys fees.

However, most attorneys will want a retainer from you up front, and will then reimburse you if your ex husband is ordered to pay attorneys fees.

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Answered on 1/10/07, 10:21 am


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