Legal Question in Family Law in Indiana

Taking Custody of Child

I have been divorced from x-wife for 8yrs. We have joint legal custody. The mother remarried and has recently divorced the man she was with for 7 years. Upon doing so she gave custody of their son together to the husband. I went for custody of my child with her and she wouldnt sign the papers. Now she has left Indiana with a new boyfriend leaving my son with her with the step-dad. She claims that she may return. I dont want my son with the step-dad I want him with me. How long does she have to be gone for me to file for custody? She left no address or phone number.

I will have my son with me for 12 days in December and would like to keep him instead of sending him home to the step-dad. Please help me........(oh iam remarried and have been for 7years)


Asked on 12/01/03, 10:21 am

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Taking Custody of Child

While the facts given are some what limited in nature, I would think the court would rather have a natural parent in custody of the child rather than the step parent of one of the child's parents. Seek out an attorney ASAP to review this case. You may then wish to file a petition for change or modification of custody. Once you have the child with you and with the mother not being around you may then feel that this would be the best time to file. If this were only a brief trip on her part with a certain return date, then I don't believe you would have much of anything, but if return is indefinite, the court may view that in a much different light.

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Answered on 12/01/03, 10:34 am


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