I've had custody of my 10 year old son since we establish paternity in 2004 we were never married my son prefers to live with his father I believe because his father has no rules no discipline it's all treats and candy and no bedtime and my child is 10 years old he doesn't know what's best for him my child told me that his father is keeping a record book has several activation of my boyfriend yelling at my son at myself yelling at my son at my son saying he wanted to kill himself saying that his mother doesn't love him my son gets good grades always goes to his pediatrician dental visits he has his own bedroom with his own bed he has clean clothes he's always playing he's at school on time I've cared for him for 10 years he has two little brothers in my house from a relationship after the
Andrea Lynn CiobanuCivil Rights AttorneyIndianapolis, IN ·
I agree with my colleague, that the non-custodial parent can petition to modify custody at any time, based upon substantial change in circumstances. For your reference, here is the applicable statute:
IC 31-17-2-21
Modification of child custody order
Sec. 21. (a) The court may not modify a child custody order unless:
(1) the modification is in the best interests of the child; and
(2) there is a substantial change in one (1) or more of the factors that the court may consider under section 8 and, if applicable, section 8.5 of this chapter.
(b) In making its determination, the court shall consider the factors listed under section 8 of this chapter.
(c) The court shall not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described by section 8 and, if applicable, section 8.5 of this chapter.
As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.9.
Initial determinations (section 8 factors referred to in the modification statute) include:
IC 31-17-2-8
Custody order
Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child's parent or parents.
(3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents;
(B) the child's sibling; and
(C) any other person who may significantly affect the child's best interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.
I am not certain if the two of you live in different school districts, but the courts certainly look to that. And, although the 10 year old wants to live with dad, and that is a factor that the courts look to, they give more weight after 14 years of age, so he is too young to make these decisions entirely on his own. You also bring up a good point that he has other siblings in the house and that is an important factor.
You need to retain an attorney to assist you. I think that you also need to be careful about posting too much private information or specific details in a public forum because I would not want any of that to be used against you. You can use the findalawyer tab for an Indianapolis Child Custody Attorney her in Indianapolis.
p.s. keep in mind - Father needs to actually petition the court for a modification - its not automatic just because he wants it, so he could also be trying to push you around and don't let him do that!
Best wishes to you!
Angela Brown SwensonDivorce / Separation LawyerCarmel, IN ·
At any point the noncustodial parent can file a request for custody modification. The noncustodial parent has to prove that there has been a substantial and continuing change of circumstances and that it is in the child's best interest for a modification of custody. You do not provide enough information for more advice on whether a modification is a real possibility. You should contact an attorney to speak about your case in more detail and not on a public forum. In the event that he does file for a modification of custody, you should not try and proceed on your own. Hire an attorney immediately. Good Luck. CarmelLawOffice.com
I agree with my colleagues. Andrea Ciobanu's response is particularly thorough. I write only to emphasize that, if dad does file a petition to modify custody, you should absolutely consult a lawyer. Call a couple and schedule a consultation or two. Usually these are no charge. Also, you may want to start documenting/compiling information about behavior, parenting time schedules, attendance, doctor visits, etc., and definitely keep all texts and emails to and from your ex. Keep in mind that texts, emails, Facebook posts, etc. can all potentially be used as evidence in a custody hearing - so whenever you are in contact with your ex, watch what you say and how you say it.
Best of luck,
Kate Flood
Indianapolis divorce attorney
