Same State, Different Counties....

[NC Mom in Indy]

What is the name of your state (only U.S. law)? Indiana

I want to file for a Modification of Child Custody, and I am going to be doing so pro se. The Father and I live in the same state. He was awarded physical and legal custody in my County. He lived in a neighboring county at the time. I still live in the county in which the order is from.

Since our daughter and dad live in a different county do I need to file for custody in the new county, where dad lives, or will our case stay in the same court it was in before?

My daughters grades have fallen from straight A's 1 1/2 years ago to some B's. C's and D's. That is one of my basis for asking for a modification. Also, Our dd is extremely unhappy at her dad's. She has told me that there is Domestic Violence. Dad is also not meeting her healthcare needs. She is not receiving her allergy treatments. She is not receiving adequate dental care either. I want to file this now with the hope of a hearing prior to the beginning of next school year.

 

[NC Mom in Indy]

Can anybody help me out here?

Is everybody on vacation today?

 

[Zephyr]

Can anybody help me out here?

Is everybody on vacation today?

You file in the county that issued the order.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Indiana

I want to file for a Modification of Child Custody, and I am going to be doing so pro se. The Father and I live in the same state. He was awarded physical and legal custody in my County. He lived in a neighboring county at the time. I still live in the county in which the order is from.

Since our daughter and dad live in a different county do I need to file for custody in the new county, where dad lives, or will our case stay in the same court it was in before?

My daughters grades have fallen from straight A's 1 1/2 years ago to some B's. C's and D's. That is one of my basis for asking for a modification. Also, Our dd is extremely unhappy at her dad's. She has told me that there is Domestic Violence. Dad is also not meeting her healthcare needs. She is not receiving her allergy treatments. She is not receiving adequate dental care either. I want to file this now with the hope of a hearing prior to the beginning of next school year.

As Z said, file in your county. HOWEVER, why have DD's grades fallen? Do you have joint legal at all? How often do you see her?

 

[NC Mom in Indy]

As Z said, file in your county. HOWEVER, why have DD's grades fallen? Do you have joint legal at all? How often do you see her?

Dad has sole legal and physical.

Her grades have fallen due to several reasons:

1. Missing work.
2. Inability to focus and concentrate in the classroom. (according to her teachers)
3. Dad does not check homework completely. He also provides incorrect answers and help when our daughter asks.

I see my daughter according to Indiana Visistation Guidelines. EOW, one midweek overnight each week, 1/2 of Summer Break, and alternate holidays.

After the school Social Worker spoke to my daughter on several occasions she called me and told me how unhappy my daughter is in her situation. She tried to help my daughter find ways to cope with the violence in her dad's home. The Social Worker told me to file for custody asap, and she gave me the phone number for CASA.