Legal Question in Family Law in Indiana

I want her, He wants her. NOW WHAT!!

My XBF & I have a 2 year old girl 2gether. We R both trying 2 get full custody. We live in 2 diff. states. Paternity was never establish, both names are on the birth certificates. She resides w/ me and I take care of her w/ min. support from him. What are the chances of him getting full/ joint custody? I plan to move to Ca, & he plans 2 move 2 NV w/i 5 months. Is joint custody allowed when parents are living in 2 states? Is it allowed where there is a split of 6 months w/ each parents in 2 diff. states? Is it possible for us 2 have joint custody and I have physical custody? Any reply is appreciated. Thank you


Asked on 12/29/03, 4:41 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: I want her, He wants her. NOW WHAT!!

You have placed yourselves in one of the most difficult positions in which to raise a child. The parent who has been the primary caretaker will usually prevail in a custody battle, absent some factor in the custodian's current household or situation that displeases a judge. Depending on what you consider to be joint custody, it is merely one solution. Joint custody by Indiana law is not an option where the parents have not been married absent an agreement. Joint custody under Indiana law does not mean an equal division of the child between the parents, it means that the parents remain involved in the decision making arena in the major facets of a child's life - residence, education, religion, medical care and general discipline (as to what methods to use and when to impose discipline). There will most likely be a custody order with a visitation time set.

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Answered on 12/30/03, 9:21 am


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