Columbia City, IN asked in Child Custody and Child Support for Indiana

Q: If your the non custodial parent how to seek custody if child has been left in your care the past 3 years?

the mother barely sees her child maybe once every couple of months doesn't buy anything for the child shoes clothes school supplies or anything for the past 3 years how do you get legal custody and child support? She barely calls to talk to the child and makes her feel like she's not wanted. The child doesn't want to live with her she just wants to see her. She even moved out of town but even when she was still in town she wasn't making the effort. She only texts or calls out of the blue to ask if she can claim her on her taxes and when child wants to stay the night she says things like sorry I got to work. She doesn't have any place for her kids to stay at where she's living.

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1 Lawyer Answer
Erik Carter
Erik Carter
  • Divorce Lawyer
  • Noblesville, IN
  • Licensed in Indiana

A: Your question implies that an Order exists that awarded custody to the Mother. You would file a Petition to Modify Custody with all the allegations you placed in your question. You should consider filing a Petition for Injunction to maintain the current situation, asking the Court to allow the child to remain with you while the litigation is going on; a Petition to Suspend your child support (if necessary); and a Petition for Temporary Child Support (from her). Basically, you have to tell the Court what the current situation is and ask the Judge to change to Order to make it permanent. You should consider consulting an experienced attorney.

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