Legal Question in Family Law in Indiana
I have joint legal custody of my daughter, D. D is 14. D has always lived with her mom. I have parenting time according to Indiana guidelines. D’s mom has always dated shady men. D has a little sister, A. A’s father M, just got out of prison. Before M went to prison D, A and their mother lived with him. Once he was sentenced to a year in prison D’s mom started dating a new guy S. This guy was charged with felony abuse and neglect. He was putting a blanket and his hand over infants’ mouths to get them to stop crying. S wasn’t convicted because he was able to give the cops a list of people who they thought were more interesting. D’s mom has now married S. Last week he was charged with felony theft. D’s mom was with S when he committed the theft. Although she was not on the security tapes so she wasn’t charged. According to D’s mom S has “made amends with the owner, he will not be convicted and it wasn’t a matter concerning D’s safety so I needn’t be concerned.” In addition to the men my daughter has been/is exposed to, I have concerns about the parental involvement and presence that seem nonexistent at her mom’s house. D was caught sexting, at her mom’s last year. D has told me multiple times that she doesn’t feel she has any time to herself because she watches her sister before and after school. This summer D told me her mom sent her to the store to pick something up at 11 at night. I personally have seen D on the highway walking home. I always stop and take her home of course. D was caught sexting at her mom’s house last year. She and her mother tried to hide it from me until a mutual acquaintance informed me she saw the photo on her daughter’s phone, because the photo had been passed around school. That is just one instance of her mom failing to keep me informed of D’s well-being and behavior. D’s counselor has told me that D would be better off living with me, however D will never choose to live with me because she is very protective of her mother and she has a much stronger bond with her mom than she does with me. My question is this, with the people D is exposed to, the counselor’s opinion, D’s behavior, her mother’s lack of involvement or concern, her mother’s inability to inform me of major goings-on in D’s life would I have any chance of getting custody modified to any extent? What does “the best interest of the child” really mean in the state of Indiana?