Dad wants his boys

[grandma]

My son wants his son's.Wife says no but she wants his money.My son has worked since he was 15,now he is 32 and has been married for 12 years.Doesn't that count for something.He loves those boys so much and they him.What does he do to at least have half custody.worried grandma.we live in Indpls,In.

 

[dorenephilpot]

I'm an attorney in Indianapolis and will try to answer your questions.

First, I assume that they are wanting to divorce, not that they are already divorced.

If he wants custody, he can ask for it, just as she can.

Once the divorce petition is filed, the court schedules what's called a provisional hearing about six weeks later. During that hearing, the court decides who gets temporary custody of the children and what the child support amount will be temporarily.

If your son has a stable job, a good place for the kids, a clean criminal history and has been actively involved in the kids' lives, his chances are very good. I would need to know more facts, though, about him and his wife.

Dads in Indiana get custody very frequently when they ask for it. Most of my male clients don't want to fight for custody, but of those who do, about 90 percent win it.

Joint legal custody works only if the parties get along very well, if they live right down the street from each other and can easily transfer the kids back and forth and easily make joint decisions on them. This is granted very infrequently because most people who divorce are divorcing precisely because they cannot do those things.

Hope this helps. Let me know if you have other questions.

 

[grandma]

thank you so very much for your encouragement.my son is so down from all her friends trying to get him to give up on his boy's,it's really hard to hear this all the time when you want your boy's so badly.I am told to not say anything to her in reguards to this but yet everyone else seems to get their chance to work on my son ,why is this ? help if you can please for we have no one on our side. worried grandma.

 

[dorenephilpot]

This psychological warfare campaign by her friends can be wearying, I'm sure.

If he's a fit dad and he wants custody, he has a right to fight for it.

There is NO "tender years" presumption in Indiana -- that just because children are young that they should automatically go to mom anymore. So he has a good chance of winning if he fights and the facts are good.

Hope this helps.