Custody Fight Indiana

[riniwino]

From Indiana, my ex-husband (who lives in Wisconsin),is threatening to take the boys, ages 12 and 15. Does Indiana law feel they are old enough to make up their minds on who they want to live with?
Also, he is making up terrible lies, and has pulled our 15 year old in on them. Should I feel threatened, or does he have to "prove me to be an unfit mother" to get them?

[Edited by riniwino on 02-26-2001 at 06:45 PM]

 

[LadyBlu]

From Indiana, my ex-husband (who lives in Wisconsin),is threatening to take the boys, ages 12 and 15. Does Indiana law feel they are old enough to make up their minds on who they want to live with?
Also, he is making up terrible lies, and has pulled our 15 year old in on them. Should I feel threatened, or does he have to "prove me to be an unfit mother" to get them?

[Edited by riniwino on 02-26-2001 at 06:45 PM]

At those ages the court will most likely take the childrens wishes into consideration, but will also consider what is in the best interest of the children. If you feel he is using psychological means to manipulate the children you need to seek counselling for the kids to help them understand what is being done.

He would need alot of proof to prove you unfit, such as excessive alcohol use, drug use, abuse of the children etc.. and most times he would need to show a drastic change in circumstances to obtain custody at this point.