Indianapolis, IN asked in Family Law and Child Custody for Indiana

Q: What are the chances my daughters father would get more than joint legal custody after 7 years?

We have had joint legal custody her whole life and for the first 5-6 years of her life he only saw her the bare minimum. I just received a letter via certified mail to go to court. I would like to know what the chances are of him getting more custody. Please and Thank you.

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

A: It is unclear from your question as to whether you are truly asking about legal custody (decision-making power) or physical custody (where the child resides). If you have joint legal custody with the father of your child that means that you both are to make major decisions jointly with respect to religious upbringing, medical treatment and education. If you have joint physical custody, it means your child spend roughly equal time with both of you.

Assuming your daughter's father has asked to modify either legal or physical custody, he will have the burden of proving that there has been a substantial change in circumstances since the court's last order regarding custody and that the change he is requesting is in your daughter's best interest.

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