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Getting physcial custody returned, not really given in first place? Chances?

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

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

Little background, son was sole physical custody of myself from age 4 until age 11 when we lived in NY, at which time he was really depressed and out of control, so we decided after much grief that he should trial living with his father here in Indiana. His father has no children @ home and thought the change of atmosphere may help.

So, we moved from NY here to Indiana 2 months later, after our other children finished the year in school (of which 1 is his full brother, and two 1/2 sisters) We now live in IN, he still lives primary w/ his father, but the court papers do not state that he has physical custody, I didn't want it to say that. It states we will "revisit" it each year to determine if it's still in son's best interest.

In the meanwhile, his brother and 2 sisters are still with me full time.

This year some things have happened that have questioned my faith in my ex husband and his fathering skills. First was that he began spanking him, first with his hand and then with a belt. I found a small bruise on his leg, when I confronted his father about this he swore it would not happen again. It did, and this time it was much much worse. I called CPS, he was bruised about 8 inches on his thigh. 8 x 8 sized at least. CPS investigated, and all that really happened was father was slapped on wrist and told not to do it again, etc...

I need to mention, dad is a cop.

Now, my issue is after the whole CPS thing was that father agreed to talk to me and agree about punishments, but he's not doing this. My son was going to come with all of us tomorrow night, trick or treating, and his father has taken this from us all as punishment. Reason being, he lied about having homework, which I think is a little embellished, but I wasn't there. I feel like he's so harsh on my son.

What I really would like is my son back with me, he is terrified of his father, terrified of being spanked. He hates it there, and has told many people this. He cries and begs to come home.

What are my chances?
 


Halloween isn't talked about in the papers, we just kinda do whenever the other wants the kids then we take them, we are ususally great at open-ness for them.
 

ariastar

Member
I was spanked as a kid on occasion, and it never left bruises. That he's leaving physical marks on the child is alarming. Get a court dater set ASAP for this issue.
 

Ohiogal

Queen Bee
Halloween isn't talked about in the papers, we just kinda do whenever the other wants the kids then we take them, we are ususally great at open-ness for them.
Well then that is an issue and dad can punish the children that way. You need a better court order that spells out when each of you have the children.
 
Well then that is an issue and dad can punish the children that way. You need a better court order that spells out when each of you have the children.
Understood.
That is true, I guess you always hope it doesn't need spelled out, but when you need it you need it and it's there.

I think at this point, with all the issues that have happened in the last few months, mainly the belt issue and the huge bruise left on him I would rather him with me anyway.

So question is the papers say that it will be revisited in at end of school year 2007. Nothing court since then, what do I need to file? Do you think since he's 12, prefers to live with me, the belt issue, CPS, and history, that it would be a huge court battle to get it turned back?
 

LdiJ

Senior Member
Understood.
That is true, I guess you always hope it doesn't need spelled out, but when you need it you need it and it's there.

I think at this point, with all the issues that have happened in the last few months, mainly the belt issue and the huge bruise left on him I would rather him with me anyway.

So question is the papers say that it will be revisited in at end of school year 2007. Nothing court since then, what do I need to file? Do you think since he's 12, prefers to live with me, the belt issue, CPS, and history, that it would be a huge court battle to get it turned back?
Have you transferred jurisdiction to Indiana? If so, it may or may not be a big deal. Indiana judges do tend to take the wishes of kids 12 and up into a little more consideration than seems to be the case in many other states. The bruising will also factor in. Its up to you to take it back to court.
 
Have you transferred jurisdiction to Indiana? If so, it may or may not be a big deal. Indiana judges do tend to take the wishes of kids 12 and up into a little more consideration than seems to be the case in many other states. The bruising will also factor in. Its up to you to take it back to court.

It has always stayed in indiana, we never transfered it to the state of New York. I appreciate your help. I have a pro bono attny. that I have to help me with a seperation and I think I will ask her opinion as well.
 

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