Ok, I am looking for help/advice on anybody that knows much about custody laws in general, or indiana custody laws in specific. If you do, please contact me in the game, mmail me, or reply here and i will contact you when possible.
This is not a homework assignment, but a personal thing that might help my situation and quite protect my daughter's well being.
Thank you in advance.
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"Kill them all, God will know his own." -Domingo de Guzman, A.K.A Saint Dominic
Custody Laws
http://www.divorcelinks.com/statelinks/indiana.html
Good info link but get a lawyer not something to mess with.
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And shepherds we shall be, for Thee my Lord, for Thee.
Power hath descended forth from Thy hand,
that our feet may swiftly carry out Thy command.
We will flow a river forth unto Thee,
and teeming with souls shall it ever be.
In nomine Patris, et Fili, et Spiritu Sancti.
Good info link but get a lawyer not something to mess with.
------------------
And shepherds we shall be, for Thee my Lord, for Thee.
Power hath descended forth from Thy hand,
that our feet may swiftly carry out Thy command.
We will flow a river forth unto Thee,
and teeming with souls shall it ever be.
In nomine Patris, et Fili, et Spiritu Sancti.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by Zrax:
<B>http://www.divorcelinks.com/statelinks/indiana.html
Good info link but get a lawyer not something to mess with.
</B></font><HR></BLOCKQUOTE>
Yeah, i have a lawyer, but i am pretty sure my assumption that he is a retard is correct...I think he is too nice to be a bastard lawyer, which is what i need.
Thanks for the link dear.
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"Kill them all, God will know his own." -Domingo de Guzman, A.K.A Saint Dominic
<B>http://www.divorcelinks.com/statelinks/indiana.html
Good info link but get a lawyer not something to mess with.
</B></font><HR></BLOCKQUOTE>
Yeah, i have a lawyer, but i am pretty sure my assumption that he is a retard is correct...I think he is too nice to be a bastard lawyer, which is what i need.
Thanks for the link dear.
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"Kill them all, God will know his own." -Domingo de Guzman, A.K.A Saint Dominic
These are pay sites, but very often you can get on them for free from colleges.
www.westlaw.com
www.lexisnexis.com there might be a hyphen inbetween the 2 words but you can do a search for it. You can look up previous cases by states on whatever subject you seek. This is how I do my legal research.
www.findlaw.com isn't bad either.
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No matter where you go, there you are.
www.westlaw.com
www.lexisnexis.com there might be a hyphen inbetween the 2 words but you can do a search for it. You can look up previous cases by states on whatever subject you seek. This is how I do my legal research.
www.findlaw.com isn't bad either.
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No matter where you go, there you are.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by Slavan:
For a judge to give a father custody over a mother, the mother would have to be bad news... The courts side with the mother most of the time unless there is a real serious reason </font><HR></BLOCKQUOTE>
Not so true anymore. Courts been doing a lot more joint custody in the last couple decades. While Indianer may not be that modern, soooo much of it depends on the judge you happen to get.
As you already know, Kifle, you need a good lawyer. My only suggestion is ask friends you trust who a good lawyer is, then ask the good lawyer who a good child-custody lawyer is. You might also be able to get some decent advice at a local law school, either about your case or about a good local lawyer.
Good luck.
For a judge to give a father custody over a mother, the mother would have to be bad news... The courts side with the mother most of the time unless there is a real serious reason </font><HR></BLOCKQUOTE>
Not so true anymore. Courts been doing a lot more joint custody in the last couple decades. While Indianer may not be that modern, soooo much of it depends on the judge you happen to get.
As you already know, Kifle, you need a good lawyer. My only suggestion is ask friends you trust who a good lawyer is, then ask the good lawyer who a good child-custody lawyer is. You might also be able to get some decent advice at a local law school, either about your case or about a good local lawyer.
Good luck.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by Gurns:
<B> Not so true anymore. Courts been doing a lot more joint custody in the last couple decades. While Indianer may not be that modern, soooo much of it depends on the judge you happen to get.
As you already know, Kifle, you need a good lawyer. My only suggestion is ask friends you trust who a good lawyer is, then ask the good lawyer who a good child-custody lawyer is. You might also be able to get some decent advice at a local law school, either about your case or about a good local lawyer.
Good luck.</B></font><HR></BLOCKQUOTE>
Heh! Just bury the body where no one can find it!
<B> Not so true anymore. Courts been doing a lot more joint custody in the last couple decades. While Indianer may not be that modern, soooo much of it depends on the judge you happen to get.
As you already know, Kifle, you need a good lawyer. My only suggestion is ask friends you trust who a good lawyer is, then ask the good lawyer who a good child-custody lawyer is. You might also be able to get some decent advice at a local law school, either about your case or about a good local lawyer.
Good luck.</B></font><HR></BLOCKQUOTE>
Heh! Just bury the body where no one can find it!
Any who...yeah i have custody, the problem now is getting his parental rights terminated. it sounds horrible at first, but you should really know the whole story. As it is now he has put her life in jeopardy three times and will possibly do it again. For some reason this is not good enough for the judge and at this point he might get supervised visitation, but imo he doesnt have the right to even look at her anymore.
So, I guess, what i was originaly looking for was What constitutes child abuse, would this fall under reckless endangerment, what is the least cause for termination of parental rights, and if this does not happen, would it be wise to take it to a court of appeals?
------------------
"Kill them all, God will know his own." -Domingo de Guzman, A.K.A Saint Dominic
So, I guess, what i was originaly looking for was What constitutes child abuse, would this fall under reckless endangerment, what is the least cause for termination of parental rights, and if this does not happen, would it be wise to take it to a court of appeals?
------------------
"Kill them all, God will know his own." -Domingo de Guzman, A.K.A Saint Dominic
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by Kifle:
<B>Any who...yeah i have custody, the problem now is getting his parental rights terminated. it sounds horrible at first, but you should really know the whole story. As it is now he has put her life in jeopardy three times and will possibly do it again. For some reason this is not good enough for the judge and at this point he might get supervised visitation, but imo he doesnt have the right to even look at her anymore.
So, I guess, what i was originaly looking for was What constitutes child abuse, would this fall under reckless endangerment, what is the least cause for termination of parental rights, and if this does not happen, would it be wise to take it to a court of appeals?
</B></font><HR></BLOCKQUOTE>
Appeal is a possiblilty, violate his rights and let him take you to court to enforce them. Especially if you don't think he would bother. I would have a psyc. eval. done, probably not gonna be cheap but might be beneficial for you. Good luck.
------------------
No matter where you go, there you are.
<B>Any who...yeah i have custody, the problem now is getting his parental rights terminated. it sounds horrible at first, but you should really know the whole story. As it is now he has put her life in jeopardy three times and will possibly do it again. For some reason this is not good enough for the judge and at this point he might get supervised visitation, but imo he doesnt have the right to even look at her anymore.
So, I guess, what i was originaly looking for was What constitutes child abuse, would this fall under reckless endangerment, what is the least cause for termination of parental rights, and if this does not happen, would it be wise to take it to a court of appeals?
</B></font><HR></BLOCKQUOTE>
Appeal is a possiblilty, violate his rights and let him take you to court to enforce them. Especially if you don't think he would bother. I would have a psyc. eval. done, probably not gonna be cheap but might be beneficial for you. Good luck.
------------------
No matter where you go, there you are.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR><font face="Verdana, Arial" size="2">Originally posted by Kifle:
<B>Any who...yeah i have custody, the problem now is getting his parental rights terminated. it sounds horrible at first, but you should really know the whole story. As it is now he has put her life in jeopardy three times and will possibly do it again. For some reason this is not good enough for the judge and at this point he might get supervised visitation, but imo he doesnt have the right to even look at her anymore.
So, I guess, what i was originaly looking for was What constitutes child abuse, would this fall under reckless endangerment, what is the least cause for termination of parental rights, and if this does not happen, would it be wise to take it to a court of appeals?
</B></font><HR></BLOCKQUOTE>
I'll assume he has some type of visitation rights....and these are the times he put her life in jeopardy. Have you went to court already to try to get supervised visits? And are there any specific rules that he is supposed to be following? Like no drinking or using drugs when she is with him? I think those are pretty standard from state to state...but let me know.
(Sorry for long example to follow!)
I had a similar situation with an ex-girlfriend and her druggie ex-husband. He had visitation every other weekend and was not supposed to drive with the child as he did not have a driver's license. But we heard thru friends of his that his mom and him would come pick up her son, then drive around the corner and put the child in another car with the ex-husband, not to mention the fact that he was getting stoned with her son in the car. We followed them one night and saw them do exactly that. And on advice of the attorney that was the last time she let them take her son. And we set up a date to go back to court to get supervised visits. But we never went as we found a better way to end his visits all together.
In Ohio, as custodial parent, you have the right to move to another state with your child/children. The only thing is you must give 30 days notice and the other party can try to stop it. But in our case he would always ignore court letters and didn't have money to get a decent lawyer. So, we gave the 30 days and moved 2000 miles away. The best part was that the state we moved to (Arizona) considered you a legal resident after 6 months. Which gave you the right to take him to court to terminate his parental rights in that state.
(End example)
I don't know the laws in your state, but I would think if you knew she was in danger and he was violating rules of the visitation...you could stop them....as my girlfriend did in Ohio. Yes, you would be defying the court order too....but with a damn good reason.
But whatever you do get a GOOD lawyer! And go to a law school if you can and look up the laws on custody and parental rights yourself....even if you get the best lawyer, it's good to know the laws yourself.
[This message has been edited by Tesil2 (edited 07-22-2002).]
<B>Any who...yeah i have custody, the problem now is getting his parental rights terminated. it sounds horrible at first, but you should really know the whole story. As it is now he has put her life in jeopardy three times and will possibly do it again. For some reason this is not good enough for the judge and at this point he might get supervised visitation, but imo he doesnt have the right to even look at her anymore.
So, I guess, what i was originaly looking for was What constitutes child abuse, would this fall under reckless endangerment, what is the least cause for termination of parental rights, and if this does not happen, would it be wise to take it to a court of appeals?
</B></font><HR></BLOCKQUOTE>
I'll assume he has some type of visitation rights....and these are the times he put her life in jeopardy. Have you went to court already to try to get supervised visits? And are there any specific rules that he is supposed to be following? Like no drinking or using drugs when she is with him? I think those are pretty standard from state to state...but let me know.
(Sorry for long example to follow!)
I had a similar situation with an ex-girlfriend and her druggie ex-husband. He had visitation every other weekend and was not supposed to drive with the child as he did not have a driver's license. But we heard thru friends of his that his mom and him would come pick up her son, then drive around the corner and put the child in another car with the ex-husband, not to mention the fact that he was getting stoned with her son in the car. We followed them one night and saw them do exactly that. And on advice of the attorney that was the last time she let them take her son. And we set up a date to go back to court to get supervised visits. But we never went as we found a better way to end his visits all together.
In Ohio, as custodial parent, you have the right to move to another state with your child/children. The only thing is you must give 30 days notice and the other party can try to stop it. But in our case he would always ignore court letters and didn't have money to get a decent lawyer. So, we gave the 30 days and moved 2000 miles away. The best part was that the state we moved to (Arizona) considered you a legal resident after 6 months. Which gave you the right to take him to court to terminate his parental rights in that state.
(End example)
I don't know the laws in your state, but I would think if you knew she was in danger and he was violating rules of the visitation...you could stop them....as my girlfriend did in Ohio. Yes, you would be defying the court order too....but with a damn good reason.
But whatever you do get a GOOD lawyer! And go to a law school if you can and look up the laws on custody and parental rights yourself....even if you get the best lawyer, it's good to know the laws yourself.
[This message has been edited by Tesil2 (edited 07-22-2002).]
having worked for child and family services for the state of maine.. it can us years to get enough evidence to terminate parental rights... you need to be able to prove that not only is he NOW a threat to your child's health and safety.. but also that he will ALWAYS be a threat.. you need to show that even counseling.. supervised visits.. and any other type of support would not help him become a reliable and safe parent... unless he is willing to give up his rights.. you have a rough fight ahead of you... good luck and hugs...
Cerly
Cerly
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