Legal Question in Family Law in Indiana
past abuse
I have joint custody of my 2 kids, I have phys. of boy she has girl. We reached an agreement out of court. I was claiming abuse by a boyfriend and have counselors document. about the things my kids said. Now, 9 years later, my son is having mental issues and wanted to live with mom. The first night he was there, he molested his sister. Mom put him back into counseling and when the counselor asked her if he had been abused, she said no. I told her to tell them about her old boyfriend, but she won't. I am interveining now. My question: Can I bring up charges of emotional abuse against mom? She is refusing to disclose abuse to this counselor. I have documents where mom states that she knew about it when it was happening. Counselor believes my son may have a personality disorder and they need all the info they can get. And my daughter is 13 and recently mom made her give a live in boyfriend a pedicure for money to get a haircut. My daughter told me that her mom forced her to do it after she complained that it was gross. Is this also abuse? My daughter is in counseling also and I'm not sure if she discussed this or not. I am contacting her counselor also. I want to know if I can ask for criminal charges and full custody.
2 Answers from Attorneys
Re: past abuse
There is no criminal case. You can ask the court to modify custody. The grounds must be that it is in the child's best interests. There is no guarantee that the judge will agree with you. You need to get to an attorney. Your situation is too complicated for this forum.
Re: past abuse
I do not see grounds for criminal prosecution. However, it does sound like you have grounds to petition the court for modification. You should do this as soon as possible as it does not sound like this is a good situation for either child.
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