Legal Question in Family Law in Indiana

visitation for biological father isn't welcomed by child

my child is now 10 and a half years old. father initiated a custody suit after neglecting any visitation for all my sons life. the suit was filed directly after i had put in a plea for support modification. he filed for change of custody in an attempt to prevent a long planned move to colorado from indiana. fortunately i was able to have the motion revoked. however i had to agree to weekly phone calls and a halfway visitation. i am financially unable to make the halfway visit. the court date for change of custody is in 1 month and i forsee that this will also be a burden i cannot afford. my son doesn't wish to have an relationship with this man at this time, these are his feelings, not my own. what kind of action could be taken against me if i ignored this whole mess? would this be civil contempt? should i fear extradition? can he win custody if i don't show up (a complete stranger)? please help me. i know this man is just being vindictive, for fear he would have to pay an extra 20$ a week, lest he would've enforced his rights 10 years ago.


Asked on 10/11/03, 12:45 pm

1 Answer from Attorneys
The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: visitation for biological father isn't welcomed by child

Accomodating visitation when parents live far apart is difficult enough, let alone when finances are a factor.

Regarding showing up in court for the change in custody motion, I strongly urge you to go to court, even if you can't hire an attorney. I'm not sure what an Indiana court would do if you didn't show up, but it will do far more harm to your case if you don't show up. The Judge probably wouldn't award custody to the father without you there, but temporary custody could be a possibility. If you can't afford an attorney, contact the bar association in your area and find out what Legal Aid services they can refer you to. Often you can get free legal assistance or representation if you qualify. You probably have a strong case if the father hasn't been involved in the child's life, but you wouldn't want to risk it by not showing up for court.

Best of luck to you

Christine C. Nierenz, Esq.

Read more
Answered on 10/13/03, 10:51 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana