Changing Joint Custody to Full Custody
My question involves a child custody case from the State of: Indiana
We currently have a joint custody agreement which was agreed upon between the two of us (almost 5 years ago) and the Judge signed (no lawyers involved). In this agreement, we were to split everything (doctor bills, child care, etc) 50/50. This was also created when I was on a rotating shift so visitation was stated as such (father to get her the two weeks I was on 2nd shift). We created this while she was in day care, not in school.
Upon entering school, father was not keeping up his obligations such as paying 50/50 on school lunch, school clothes, etc. Also I now have her overnight every night but 4 nights a month.
Since he has not been contributing 50/50 of the responsibilities and not even doing homework with her on his evenings (3 hours a night-2 nights during week), I feel I should get full custody as I practically have it now, but without the financial resources to assist (child support or hardly any financial assistance).
How hard would it be to establish full custody after a joint was agreed upon? He basically would have the same visitation, just legally establish the responsibilities onto me and child support to adequately finance the responsibilities.
Re: Joint Custody to Full Custody
Honestly? If all that's going to change is a piece of paper that says you have sole physical custody, what's the point in doing it? What's the point in doing any of this? Courts are not going to give him LESS access to the child and you admit that you're not going to ask for less access.
Now, if you're talking about going from joint legal custody to sole legal custody, you can forget that. Dad still deserves decision making.
Re: Joint Custody to Full Custody
Quote:
Quoting
candirose89
My question involves a child custody case from the State of: Indiana
We currently have a joint custody agreement which was agreed upon between the two of us (almost 5 years ago) and the Judge signed (no lawyers involved). In this agreement, we were to split everything (doctor bills, child care, etc) 50/50. This was also created when I was on a rotating shift so visitation was stated as such (father to get her the two weeks I was on 2nd shift). We created this while she was in day care, not in school.
Upon entering school, father was not keeping up his obligations such as paying 50/50 on school lunch, school clothes, etc. Also I now have her overnight every night but 4 nights a month.
Since he has not been contributing 50/50 of the responsibilities and not even doing homework with her on his evenings (3 hours a night-2 nights during week), I feel I should get full custody as I practically have it now, but without the financial resources to assist (child support or hardly any financial assistance).
How hard would it be to establish full custody after a joint was agreed upon? He basically would have the same visitation, just legally establish the responsibilities onto me and child support to adequately finance the responsibilities.
If your end goal is to get an order for child support, you do not need to change custody in order to do that. You need to change the parenting schedule and file for child support.
Re: Joint Custody to Full Custody
It's not just changing the piece of paper. As I explained in the post, I basically have full custody now responsibility wise. I also need the resources to do so. He has not financially contributed his 50%.
Re: Joint Custody to Full Custody
So instead of making it sound like you just want sole legal and physical custody, why didn't you just tell it like it is and say that you want a modification of child support?
Re: Changing Joint Custody to Full Custody
There's more to it. please read ALL it says than jumping to conclusions. Please post valuable advice instead of judgement
Re: Changing Joint Custody to Full Custody
Re: Changing Joint Custody to Full Custody
Also read this:
http://www.in.gov/judiciary/rules/parenting/
That is what Indiana judges default to when parents cannot agree. Its pretty rare for them to deviate from that.