Noblesville, IN asked in Divorce, Family Law and Child Custody for Indiana

Q: Soon to be ex scare tactics or?

Soon to be ex husband says his lawyer said he doesn’t have to prove me incompetent to get full custody just that he’s the better situation. In his mind he's the better situation because he's the money maker. I'm still however fully capable of taking care of my children and have been a homemaker with 2 happy children for just over 10 years. The only negative he really has against me is that I would have to move out of my daughters school district of 4 years. I was going to easily be able to take her to that school every day because he was going to help me finance a vehicle, knowing I'd pay him back when I received a retirement settlement in the divorce. He's since said that his lawyer advised against this and that me not having a vehicle would only strengthen his case. Thoughts appreciated very much! Thank you

1 Lawyer Answer
James A Hanson
James A Hanson
  • Divorce Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: The fact that your ex has a lawyer only underscores the importance for you to retain an attorney and ask these detailed questions to that attorney in a confidential setting.

More generally, the legal standard in Indiana is the "best interests of the children" meaning that the Court determines custody in a manner that will be best for the children with ALL things considered. Finances is one consideration, but that can be remedied in some cases by increasing child support or awarding spousal maintenance.

If you hire an attorney, it appears that you have several different options available to you for showing why the children are better off with you. You really need the experience and training of an attorney to pull that evidence together and present it effectively to the court.

My advice is for you to find a good family law attorney ASAP.

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