Legal Question in Family Law in Indiana
divorce without visitation or child support
My husband has never lived with me in the 5 years we have been married, we have a 17 year old son and a 3 year daughter, he has never done anything financially for either of them, can I file for divorce without him getting visitation or asking for child support? He has only seen his daughter 3 months out of her 3 1/2 years of life, and has built no relationship with our son. I just want a divorce and continue to care for our children alone as I have been doing all this time, but, I would like to have the option to remarry if opportunity presents itself.
1 Answer from Attorneys
Re: divorce without visitation or child support
There is no guarantee that he will not get Visitation. However, it is unlikely that he will have Visitation with the 17 year old. However, regarding the younger child, if he insists, the court prefers that a child have a relationship with both parents. She is still young enough that there is time for a relationship to develop. However any Visitation granted is likely to be be supervised or gradual.
Regarding child support, the courts do not usually allow a waiver of child support under the circumstances that you have described. The child support is not really the custodial parent's, rather you, as custodial parent receive the child support as a trustee on behalf of the children and they are entitled to receive that support, regardless of whether you feel that it is needed.
Respectfully,
Burton
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