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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I live in Indiana and have Joint Custody with my sons mother.

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I live in Indiana and have Joint Custody with my sons mother. He has lived with me since he was born, whether I was living with her or not. She is unfit and I will not go into details. She hasn't seen him or called to check on him in 4 months. I am wondering if i can file for abandonment and get full custody just on the grounds of her being in contempt of court not taking him half the week, like she is suppose to, or for the fact that she has no contact with him.
Submitted: 4 years ago.
Category: Family Law
Expert:  Ellen replied 4 years ago.
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You can consider petitioning the court for modification to the parenting plan to reflect the current living and parenting situation thereby awarding you full custody. Abandonment is only necessary to prove if you would like to terminate her parental rights in order to do a stepparent adoption

Custody is subject to modification at any time there is a substantial change in circumstances that affects the best interest of the child.All matters involving children are determined according to what the court divines to be the best interest of the child. The mother's noninvolvement would suffice as such a substantial change in circumstances to warrant a modification.

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