Legal Question in Family Law in Indiana

Gaining full custody

March 6, 2001 the courts granted joint custody with primary residence of my daughter with me. The primary residence will be with me during the school year and with the mother having her during summer break, and alternate Christmas and Spring break. My girlfriend (we were never married) has filed for full custody with child support. My daughter has been with me since 2000. This first agreement was agreed upon with my lawyer and my ex present who filed it in the courts. During this time she has filed a complaint with Child protective services which turned out to be a false complaint, does not pick out daughter up on disignated visitations, and constantly calls me to pick my daughter up during these visitations. What are the chances of her winning her case?


Asked on 8/16/02, 4:49 pm

1 Answer from Attorneys
Dorene Philpot Philpot Law Office

Re: Gaining full custody

No one will be able to give a you a percentage and say, "This is your chance of winning." Even if they had all the facts, that would be impossible to judge.

In order for your ex to win her bid for a modification of custody, she basically has to prove you unfit based ONLY on things that happened since the last court's order in regard to custody.

Can she show that you're unfit? Probably not.

Just keep track of her failures and that will help bolster your own case.

Best of luck to you!

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Answered on 8/17/02, 9:48 am


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