Legal Question in Family Law in Indiana

my daughter has an extremely rare medical condition. Her father is not fit to care for her by himself. As ordered by the judge he is currently being supervised during visits by his mother. I am trying to prove his inability to provide care and his negligence of attending the most important of Dr's appointments. He is also struggling with prescription drug use. Tomorrow is my daughters most important clinic visit of the year where she sees at least 9 different doctors and specialists. Blood draws gi scopes and x rays are commonplace. She will be very stressed as she is only 1. Her father neglected to tell me until a few minutes ago that he was not coming tomorrow. He then proceeded to tell me he was sending his mother in his place. I am not ok with this for many reasons but mainly because she and I are not on good terms. My daughter is not comfortable around her and this is a very long day. This just proves that he is not willing to do what it takes to be a "father" to her. My issue is can I say no? It will look bad to the judge, but I know it is what is best for my daughter. Please help me make the right decision.


Asked on 5/11/16, 11:56 am

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

The only reason stated in your question as to why grandma shouldn't be around is that it will bother you. How does that affect your daughter's best interests? As your daughter's parental visitation is being supervised by grandma, doesn't educating grandma as to the health situation better for your daughter? Remember your daughter will not be as comfortable around anyone as she undoubtedly is with you.

He doesn't have to prove he has what it takes to be a father. You agreed to his fatherhood by having sex with him, and you can't undo that now, no matter how much you might want to.

Try to focus on what is best for your daughter and make the decision that way.

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Answered on 5/11/16, 12:02 pm


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