Joint Custody Issue

[tdcorona09]

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


My daughters father filed a petition for joint custody. I do not agree with this decision at all. We cannot even agree on anything as it is, let along everything be a joint decision. As of right now he gets her per Indiana visitation parenting guidelines. He has a lengthy driving record, a battery charge and a few others I will attach. He has tried to commit suicide in 2009 while under the influence of pill and alcohol and drove off into a pond and was in a coma and from a close friend I have heard he has been hospitalized a few times since then for suicidal tendencies. She was born in 2007 and he was not in her life until 2009 ( RIGHT after the suicide incident ) in court he begged the judge to sign his rights over the judge denied and told him it was not that easy to do. Ordered child support. I requested supervised visited since the incident just happened and they denied that! He also still lives at his parents home and the child does not have her own room there. I just wanted opinions on this and what I should do, as of right now I do not have the money to get an attorney, I do but its saved money and I really really hate to unless I absolutely should. Also, as for a little about me, I have 4 other children, married for 5 years, in the same home for 3.5 years and same job for 5 years in October and no criminal history.
Copy and pasting his record on line:
4-20-2004 Speeding Guilty 93 in 65 C infraction
11-22-2004 Speeding Guilty
8-15-2006 BATTERY RESULTING IN BODILY INJURY A Misdemeanor GUILTY
5-1-2007 MC LEARNER PERMIT VIOLATION C infraction Guilty
9-28-2007 Seat Belt Violation D Infraction Guilty
12-27-2007 FAILURE TO SIGNAL TURN/UNSAFE MOVEMENT C infraction
2-24-2009 Speeding C Infraction Guilty
4-26-2009 OPERATING A VEHICLE WHILE INTOXICATED ENDANGERING A PERSON GUILTY
OMVUI WITH A BAC OF .08% OR MORE DISMISSED
6-11-2010 Safety Belt violation D infraction
3-12-2011 FRONT SEAT PASSENGER RESTRAINT D INFRACTION GUILTY ( CHILD IN MATTER )
12-15-2011 DUTY TO OBEY STOP SIGNS / SPEEDING (55) DISMISSED
10-23-2012 EVICTION FROM HOUSE
2-14-13 SPEEDING -- EXCEEDING INTERSTATE 70 MPH LIMIT C infraction
GUILTY TO THE AMENDED CHARGE OF SPEEDING 80/70

 

[Proserpina]

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


My daughters father filed a petition for joint custody. I do not agree with this decision at all. We cannot even agree on anything as it is, let along everything be a joint decision. As of right now he gets her per Indiana visitation parenting guidelines. He has a lengthy driving record, a battery charge and a few others I will attach. He has tried to commit suicide in 2009 while under the influence of pill and alcohol and drove off into a pond and was in a coma and from a close friend I have heard he has been hospitalized a few times since then for suicidal tendencies. She was born in 2007 and he was not in her life until 2009 ( RIGHT after the suicide incident ) in court he begged the judge to sign his rights over the judge denied and told him it was not that easy to do. Ordered child support. I requested supervised visited since the incident just happened and they denied that! He also still lives at his parents home and the child does not have her own room there. I just wanted opinions on this and what I should do, as of right now I do not have the money to get an attorney, I do but its saved money and I really really hate to unless I absolutely should. Also, as for a little about me, I have 4 other children, married for 5 years, in the same home for 3.5 years and same job for 5 years in October and no criminal history.
Copy and pasting his record on line:
4-20-2004 Speeding Guilty 93 in 65 C infraction
11-22-2004 Speeding Guilty
8-15-2006 BATTERY RESULTING IN BODILY INJURY A Misdemeanor GUILTY
5-1-2007 MC LEARNER PERMIT VIOLATION C infraction Guilty
9-28-2007 Seat Belt Violation D Infraction Guilty
12-27-2007 FAILURE TO SIGNAL TURN/UNSAFE MOVEMENT C infraction
2-24-2009 Speeding C Infraction Guilty
4-26-2009 OPERATING A VEHICLE WHILE INTOXICATED ENDANGERING A PERSON GUILTY
OMVUI WITH A BAC OF .08% OR MORE DISMISSED
6-11-2010 Safety Belt violation D infraction
3-12-2011 FRONT SEAT PASSENGER RESTRAINT D INFRACTION GUILTY ( CHILD IN MATTER )
12-15-2011 DUTY TO OBEY STOP SIGNS / SPEEDING (55) DISMISSED
10-23-2012 EVICTION FROM HOUSE
2-14-13 SPEEDING -- EXCEEDING INTERSTATE 70 MPH LIMIT C infraction
GUILTY TO THE AMENDED CHARGE OF SPEEDING 80/70

What exactly is he asking for? A 50/50 timeshare? Some form of physical custody? Joint legal custody?

 

[tdcorona09]

The only the the affidavit says is joint physical and legal custody. My concern is he doesn't have a stable mental health to even make decisions regarding her. He says he wants more time with her and I think the Indiana patenting guidelines are working fine, anymore and I think it will interfere with her school time as its very hard parenting her right now going back and forth just this much I prefer she is at home in her bed with her siblings at the time and routine she is used to

 

[ecmst12]

If there's no change in circumstances in the child's life, there's no grounds to get a change of custody.

If he has a lawyer though, I STRONGLY suggest you get one too.

 

[tdcorona09]

Yes that's what it says in the affidavit "there has been a change in circumstances" which I have no idea what that could possibly be because nothing on my end has changed at all. I spoke with an attorney and they said "what is the worst thing he can say about you" and honestly I don't know what he could say bad about me everything I have is steady and unchanging and in a healthy marriage

 

[single317dad]

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


My daughters father filed a petition for joint custody. I do not agree with this decision at all. We cannot even agree on anything as it is, let along everything be a joint decision. As of right now he gets her per Indiana visitation parenting guidelines. He has a lengthy driving record, a battery charge and a few others I will attach. He has tried to commit suicide in 2009 while under the influence of pill and alcohol and drove off into a pond and was in a coma and from a close friend I have heard he has been hospitalized a few times since then for suicidal tendencies. She was born in 2007 and he was not in her life until 2009 ( RIGHT after the suicide incident ) in court he begged the judge to sign his rights over the judge denied and told him it was not that easy to do. Ordered child support. I requested supervised visited since the incident just happened and they denied that! He also still lives at his parents home and the child does not have her own room there. I just wanted opinions on this and what I should do, as of right now I do not have the money to get an attorney, I do but its saved money and I really really hate to unless I absolutely should. Also, as for a little about me, I have 4 other children, married for 5 years, in the same home for 3.5 years and same job for 5 years in October and no criminal history.
Copy and pasting his record on line:
4-20-2004 Speeding Guilty 93 in 65 C infraction
11-22-2004 Speeding Guilty
8-15-2006 BATTERY RESULTING IN BODILY INJURY A Misdemeanor GUILTY
5-1-2007 MC LEARNER PERMIT VIOLATION C infraction Guilty
9-28-2007 Seat Belt Violation D Infraction Guilty
12-27-2007 FAILURE TO SIGNAL TURN/UNSAFE MOVEMENT C infraction
2-24-2009 Speeding C Infraction Guilty
4-26-2009 OPERATING A VEHICLE WHILE INTOXICATED ENDANGERING A PERSON GUILTY
OMVUI WITH A BAC OF .08% OR MORE DISMISSED
6-11-2010 Safety Belt violation D infraction
3-12-2011 FRONT SEAT PASSENGER RESTRAINT D INFRACTION GUILTY ( CHILD IN MATTER )
12-15-2011 DUTY TO OBEY STOP SIGNS / SPEEDING (55) DISMISSED
10-23-2012 EVICTION FROM HOUSE
2-14-13 SPEEDING -- EXCEEDING INTERSTATE 70 MPH LIMIT C infraction
GUILTY TO THE AMENDED CHARGE OF SPEEDING 80/70

What does the current court ordered say regarding legal custody (physical and legal custody are two separate issues)?

Some of the things you stated certainly would lead to concern, but are legally either inadmissible or unimportant, such as the friend's statement, poor driving history, his living situation, and yours. The OWI and battery charges may be of interest to a judge, but don't bet the house on those.

Indiana just updated the laws on joint physical custody, and joint physical is now presumed to be in the child's best interest, but it's still a big hill to climb for him. These are the factors used in the initial determination of custody:

IC 31-17-2-8
Custody order
Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child's parent or parents.
(3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents;
(B) the child's sibling; and
(C) any other person who may significantly affect the child's best interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.

He'll need to prove a substantial change in one of those factors per:

IC 31-17-2-21
Modification of child custody order
Sec. 21. (a) The court may not modify a child custody order unless:
(1) the modification is in the best interests of the child; and
(2) there is a substantial change in one (1) or more of the factors that the court may consider under section 8 and, if applicable, section 8.5 of this chapter.
(b) In making its determination, the court shall consider the factors listed under section 8 of this chapter.
(c) The court shall not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described by section 8 and, if applicable, section 8.5 of this chapter.

On an unrelated note, how did he get 2 speeding tickets 3 years before a learner's permit violation?

 

[Ohiogal]

What does the current court ordered say regarding legal custody (physical and legal custody are two separate issues)?

Some of the things you stated certainly would lead to concern, but are legally either inadmissible or unimportant, such as the friend's statement, poor driving history, his living situation, and yours. The OWI and battery charges may be of interest to a judge, but don't bet the house on those.

Indiana just updated the laws on joint physical custody, and joint physical is now presumed to be in the child's best interest, but it's still a big hill to climb for him. These are the factors used in the initial determination of custody:



He'll need to prove a substantial change in one of those factors per:



On an unrelated note, how did he get 2 speeding tickets 3 years before a learner's permit violation?

That is a MC learner's permit -- MOTORCYCLE.

 

[Ohiogal]

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


My daughters father filed a petition for joint custody. I do not agree with this decision at all. We cannot even agree on anything as it is, let along everything be a joint decision. As of right now he gets her per Indiana visitation parenting guidelines. He has a lengthy driving record, a battery charge and a few others I will attach.

The battery charge doesn't matter. Why? It happened before you willingly carried his child.

He has tried to commit suicide in 2009 while under the influence of pill and alcohol and drove off into a pond and was in a coma and from a close friend I have heard he has been hospitalized a few times since then for suicidal tendencies.

Prove it. What a friend states, matters not.

She was born in 2007 and he was not in her life until 2009 ( RIGHT after the suicide incident ) in court he begged the judge to sign his rights over the judge denied and told him it was not that easy to do. Ordered child support. I requested supervised visited since the incident just happened and they denied that! He also still lives at his parents home and the child does not have her own room there.

So where does the child stay at grandparents' home?

I just wanted opinions on this and what I should do, as of right now I do not have the money to get an attorney, I do but its saved money and I really really hate to unless I absolutely should. Also, as for a little about me, I have 4 other children, married for 5 years, in the same home for 3.5 years and same job for 5 years in October and no criminal history.

OKay. And how is the child doing in school? Has the child developed medical issues or a need for counseling? Has the child had disciplinary actions in school.

Copy and pasting his record on line:
4-20-2004 Speeding Guilty 93 in 65 C infraction
11-22-2004 Speeding Guilty
8-15-2006 BATTERY RESULTING IN BODILY INJURY A Misdemeanor GUILTY

All of these are before the child was born. Before you carried the child to term.

5-1-2007 MC LEARNER PERMIT VIOLATION C infraction Guilty
9-28-2007 Seat Belt Violation D Infraction Guilty
12-27-2007 FAILURE TO SIGNAL TURN/UNSAFE MOVEMENT C infraction
2-24-2009 Speeding C Infraction Guilty
4-26-2009 OPERATING A VEHICLE WHILE INTOXICATED ENDANGERING A PERSON GUILTY
OMVUI WITH A BAC OF .08% OR MORE DISMISSED

Dismissed charges are not worth anything and the rest are INFRACTIONS. Not worthwhile. In addition the above was all before the last hearing most likely. Therefore doesn't matter.

6-11-2010 Safety Belt violation D infraction
3-12-2011 FRONT SEAT PASSENGER RESTRAINT D INFRACTION GUILTY ( CHILD IN MATTER )
12-15-2011 DUTY TO OBEY STOP SIGNS / SPEEDING (55) DISMISSED
10-23-2012 EVICTION FROM HOUSE
2-14-13 SPEEDING -- EXCEEDING INTERSTATE 70 MPH LIMIT C infraction
GUILTY TO THE AMENDED CHARGE OF SPEEDING 80/70

Infractions and a civil case as well as another dismissed case. None of these are major incidents. Who was the child in the front seat? How old was the child?

While he may not have a change in circumstance to change custody, IF the law changed since he got visitation, he may be able to ask that the orders reflect the change in law with joint physical being the presumption. That would cause you to have to show why the presumption is not in the child's best interest.

 

[tdcorona09]

I have always had legal and physical custody since we were not married when she was born. She was born in 07 he came in her life in 2009. The owi in 2009 was part of the suicide attempt it's not hearsay I witnessed him in a coma myself and he was in the local newspaper for driving into the pond. It's not hearsay if there is medical record of it. The battery and such to me should relevant because its his history,prior to her or not I knew nothing about it.

 

[tdcorona09]

Also the battery charge would have been while I was pregnant

 

[tdcorona09]

The child is the front seat was outer child she would have been 4

 

[tdcorona09]

I mean our child

 

[Ohiogal]

The child is the front seat was outer child she would have been 4

And yet in 2011 you did nothing about it? Why not?

I have always had legal and physical custody since we were not married when she was born.

And? What do the court orders state regarding custody? Or are there none? Was it court ordered standard time? Or did you two just agree (without court participation) and he wants to have the court order more?

She was born in 07 he came in her life in 2009. The owi in 2009 was part of the suicide attempt it's not hearsay

You don't understand hearsay. IT is hearsay.

I witnessed him in a coma myself

And you cannot testify what put him in a coma. You are not a medical doctor with that knowledge.

and he was in the local newspaper for driving into the pond. It's not hearsay if there is medical record of it.

A) Newspapers get things wrong and are hearsay.
B) Medical records are hearsay (though they could be admitted under a hearsay exception).
You are showing you do not know what hearsay is.

The battery and such to me should relevant because its his history,prior to her or not I knew nothing about it.

Then that is your problem. However under the rules of evidence it is NOT admissible. It is too far removed and it was not punishable by more than a year incarceration. You knew nothing about it yet you were sleeping with him -- maybe you should have known him better before moving forward.

 

[tdcorona09]

No need to be that rude! Our relationship ended in June his battery was in August. As far as 2011 not having her restrained, there is not much I can do.

 

[Ohiogal]

No need to be that rude! Our relationship ended in June his battery was in August. As far as 2011 not having her restrained, there is not much I can do.

I have yet to be rude. As for 2011, you could have filed to suspend visitation, have it become supervised, or at least request an order that he not be driving the child anywhere. You could have requested changes to the court order to deal with the situation. You did nothing. Which tells the court you didn't care about it. To bring it up now --two years later -- would make it appear you were being petty and vindictive.

The best advice anyone can give you is for you to scrape together what you can to get an attorney. You are overly emotional and not willing to learn based on your postings here.