Legal Question in Family Law in Indiana

My daughter needs to be with me.

Me and my wife are recently seperated and are planning to get a divorce. I am not sure what she has planned for the custody of my daughter due to some things she has said in the past. I do not feel like it would be a good environment at all for my daughter to grow up in if she would get full custody of her. I have heard that in Indiana, they usually favor the mother on this sort of thing. My question is, what is it a father can do to get awarded full custody of a child?


Asked on 12/14/04, 12:52 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: My daughter needs to be with me.

In Indiana the standard for a custody award is what is in the best interests of the child, considering the statutory factors: the age of the child, the child's desires (more weight over 14), the sex of the child, the desires of the parents, the child's adjustment to home and community, and other similar considerations. There is a standard for joint legal custody composed essentially of the parents wanting the same goals for raising the child and they have the ability to communicate toward the child's best interests. You need to familarize yourself with the parenting time guidelines, because no matter who has custody of the child (that is, provides the basic residence of the child) both parents are to have a significant amount of contact with the child and an influence in his life. You also need to hire an attorney you feel comfortable with discussing the issues and creating a strategy geared toward you getting custody. Remember, some attorneys cost more, not because they are necessarily better attorneys, but because each businessman attorney has different costs and expenses to cover. If the first attorney you talk to discourages you from a custody fight, ask why. Then consult with another for a different perspective. I could probably cite as many cases for the mother having custody as I can the father, so it's no sure thing for either parent. You can expect to have a variety of agencies involved for various recommendations to the judge on what is best for your child. At some point both parents need to sit down together (alone or with counsel or a neutral 3rd party) to discuss the effect this is having on the child in order to make a rational decision.

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Answered on 12/14/04, 9:36 am


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