Fort Wayne, IN asked in Child Custody, Divorce and Domestic Violence for Indiana

Q: If we have joint legal custody of our child can she file for sole custody if I have a domestic

My ex-wife left in September of 2014 came back in May of 2015 she got joint legal custody and now I have a domestic against me and my ex wife wants to get sole legal custody of my daughter can she when I'm working two jobs

1 Lawyer Answer
Clarissa Finnell
Clarissa Finnell
  • Divorce Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

A: Child custody is always modifiable if there has been a substantial change in circumstances since the last order of the court. It would be your ex-wife's burden to show the substantial change. Joint legal custody means that you and your ex-wife are to make major decisions about your daughter's upbringing. The impact of having a domestic batter charge against you would really depend on how that impacts you ability to make decisions jointly with your ex and in the best interest of your child. Your employment status would not likely impact legal custody. However, it is best to discuss all the facts of your case with a competent family law attorney.

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