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Temporary Child Custody

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Banned_Princess

Senior Member
With your details, we have voted you need to file for CUSTODY. You can do this without a lawyer. Go back to the forms you were looking through and find the one that is closest to request to modify custody, and file that.


I'm sure you are first in line to get the child.

Any more questions, feel free to ask.
 


LEXISPC

Junior Member
I do have one more question. What happens if I dont file the custody papers before this temp. custody hearing? Will that make a difference to the judge?
 

Banned_Princess

Senior Member
http://www.in.gov/judiciary/selfservice/




start there.


then...

If the type of case you wish to file or legal issue you need help with is not listed here, then this website doesn’t have forms or any self-service guides prepared for your case type. For example, forms and self-help information isn’t available here for cases involving custody, adoption, debt collections, wills and estates, property liens and mortgage foreclosure, and many other types of cases. As a result, you should seek advice from an attorney or a pro bono legal services provider

http://www.in.gov/judiciary/selfservice/forms/index.html
Please go it over there... then, here...

http://www.indianajustice.org/Home/PublicWeb/Library/Index/1390000/1310100



which moves on to here

http://www.indianajustice.org/Data/DocumentLibrary/Documents/1063162565.39/view_article_publicweb?topic_id=1310100&library=PublicWeb


You will need to prove that it is in the best interests of the child to change custody AND that there has been a substantial change in one or more of these factors:

•The age and sex of the child.
•The wishes of the child's parent or parents.
•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.
•The interaction and interrelationship of the child with the child’s parents, siblings and other people who affect the child’s best interests.

I just want to laugh at that for a second... But the next is relevent

What should I do if I want to get custody of my child from the other parent?

If you and the other parent can talk about this, you may want to discuss it with the other parent and see if you can reach an agreement. If you cannot reach an agreement, you will need to go to court and ask the court to change the custody order.

Before you go to court, you should think specifically of what reasons you have for changing custody, and what evidence you have to support these reasons. The court will probably not change custody unless you have good reasons for changing it, and proof to back up your reasons.

You can also ask the court to order a custody evaluation. This is a report done by a professional who would interview the parties and make a recommendation to the court concerning custody.

http://www.indianajustice.org/Data/DocumentLibrary/Documents/1063162565.39/view_article_publicweb?topic_id=1310100&library=PublicWeb
And Finally... Even if you cant get a lawyer you can have the judge provide one for your child... (GAL)
http://www.indianajustice.org/Data/DocumentLibrary/Documents/1054438078.29/0105GuardianAdLitem.pdf?topic_id=1310100&library=PublicWeb



And an additional 2 cents...



When you attend the hearing with the grandparent, you can ask the judge to issue you legal aid, if possible, and you can tell the judge when you answer the complaint, that you would rather keep the child.
 

Banned_Princess

Senior Member
Sorry just one more thing to make you fell better



My aunt is trying to get custody of my child through a guardianship. Do the same factors apply?

No. the factors listed above apply to custody disputes between children. If the custody dispute is between a parent and a non-parent, the court will still consider the best interests of the child. However, the court will also assume the parent should have custody. Generally, the non-parent will get custody through guardianship only if the child’s parents can’t or won’t take care of the child.

http://www.indianajustice.org/Data/DocumentLibrary/Documents/1063542124.62/view_article_publicweb?topic_id=1310100&library=PublicWeb


And as a side note This states website has an awful editor and writers.
 

Banned_Princess

Senior Member
AND lastly, I swear,

Why dont you call one of the following legal aid societies to go over your case, and see if you quailfy for their services.


http://www.rin.lsc.gov/rinboard/rguide/pdir.idc
 

LdiJ

Senior Member
I do have one more question. What happens if I dont file the custody papers before this temp. custody hearing? Will that make a difference to the judge?
If there is no motion before the judge to give you custody, then the judge won't be able to give you custody. Therefore the judge might give grandma custody to keep the child out of legal limbo.
 

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