Legal Question in Family Law in Indiana

Wanting custody

My husband and I are wanting to gain custody of his 9 yr. old daughter. Her mother has on numerous occasions went against the divorce decree. Mother has recently been suffering from some medical problems also. We were wondering if we should mention this when going for custody? She has been in and out of hospitals this year. She has daughter on adhd medication and does not keep us informed about that whole situation, plus we believe that she (mother) is on several medications for her health problems. Is this a situation that a judge would consider change of custody? My husband and I have never been hospitalized for anything other than my having 2 children. Do you think we have a chance?


Asked on 12/05/04, 10:22 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Wanting custody

If the mother's health problems impact on her parenting ability, then this is certainly a valid point to make either in your petition or during testimony. There are some conditions that make little difference in parenting ability, however. Each case is unique as to such effects.

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Answered on 12/06/04, 11:38 am


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