Legal Question in Family Law in Indiana
Is there such thing as filing for abandonment (in the state of Indiana)? My husband left me and my 4 children almost 4 months ago. He left one morning before we even woke up. It's been little to no contact since he left... there was more communication at first, but in the last 2 months, just about none at all. He's barely showed any interest in our children.
Some friends have given me suggestions, a lot of them saying "file for abandonment." However does that exist? Does what he did give me an upper-hand on claiming full custody?
He has turned his entire lifestyle around for the worst. There is no immediate evidence of drugs, alcohol, or anything illegal. However, no part of his lifestyle is for children. Nothing he's done has chosen my children's well-being over his own. Just recently, he's claiming I kept him from his kids, when for months, I was the only one setting up visitation and letting the kids call him. He never planned to visit on his own or called on his own. When I stopped, he showed no interest for 2 months now!
But he's now claiming he wants to be a part-time dad, when we've already established a new life apart from him. My four kids are very, very young (6,5,3, and 10 months). What can I do to protect them from this selfish man, who only wants them in his life now at his own convenience, and to occasionally lift the guilt off his conscious? Can I file for abandonment???
1 Answer from Attorneys
You do not need grounds for a divorce in Indiana other than your marriage has broken down and cannot be repaired. If you are asking whether there may be criminal grounds, the answer is no.
Does his conduct make it more likely that you will get sole custody? Based on the facts presented, yes. If you get sole custody, you will be entitled to child support and he will be presumed to be entitled to parenting time based on the Indiana Parenting Time Guidelines that basically provides for him to have overnights every other weekend, a visit once a week in the middle of the week and for holidays and school breaks to be evenly divided. You can read a copy of the Indiana Parenting Time Guidelines at www.lakecountykids.org
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