Legal Question in Family Law in Indiana

Worse scenario for custody switch.

After hiring an attorney and one year of court hearings, etc. and me receiving custody. My ex now wants custody reversed because she feels she has changed and has gotten on her feet. The judge has allowed a hearing for June. Why can the judge allow a hearing after just one year of granting me custody? What is the worse case scenario that the judge would allow custody to switch back?


Asked on 1/19/02, 10:42 pm

2 Answers from Attorneys

Gregg Manes Gregg A. Manes, Esq.

Re: Worse scenario for custody switch.

First she must show a change in position. In a one year's time it is highly unlikely that she has changed that much. Further she must show that the change is in the best interest of the child.

I would suggest that you contact counsel to go over you particular situatioin.

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Answered on 1/26/02, 11:10 pm
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Worse scenario for custody switch.

The court trys to place the best interests of the childern first and when it relates to custody a court will take great pains to ensure it has. A party who has been a part of or involved in such issues may petition the court after a year has passed to ask that it further review the situation. This would also be the case if the issue were child support.

It should not be presumed that the court will reverse it's previous ruling just because it's asked to do so. I would think there exist a number of factors, some of which may be complex to consider in this matter. It is also uncler whether this person in the petition seeks sole custody or joint which may be another factor.

I suggest to speak to your attorney about this as soon as you can or retain one. I would not think it to be in your best interest to go it alone.

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Answered on 1/20/02, 11:31 am


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