Legal Question in Family Law in Indiana
Sole Legal Custody
Currently my ex husband and I share legal custody of our 7 yr old daughter & 4 year old son & I have sole physical custody. In 27 months he has only paid me a total of approx. $270 and owes me just over $9100.00. We finally had court yesterday for contempt after 11 months from when I sign the papers. He didn't show & now has a warrant. He says that he has a slipped disc in his back and was in the er & has a note. My first question is: Will the judge release him and set a court hearing for months down the road again? And secondly: What can I file with the courts to have it so that I also have SOLE legal custoday?
1 Answer from Attorneys
Re: Sole Legal Custody
The judge has descretion to release him if he has a valid reason for not being in court. The judge may choose not to do so, though.
You need to file a Petition to Modify Custody. These are somewhat complicated and you should hire counsel.