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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 763
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I have filed for modification of custody to be changed in my

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I have filed for modification of custody to be changed in my favor. It was accepted. Now, I found out inadvertently that my opposition seems to plan at the hearing to dismiss the case as having no merit, .i.e. satisfy no no Indiana statute for modification of custody. My filing include claims (that I am going to substantiate) of pattern of her denial to me of parenting time (custody was assigned to her conditional to my parenting time right), not showing child for yearly physicals, denial of child of vaccination, badmouthing me in child presence, denial to provide for a child food water and spare clothes at pick up, chronically unemployed - failing to provide for a child, busy with another baby and boyfriend and not spending time with our child, and not providing child with religious education that court found us both agreed to raise the child with, as well as denial of best schools and extracurricular activities. I wonder if this is enough to substantiate the start of the hearing and deny me an opp to be heard. Also I wonder if I have a chance to win custody modifications with only these items substantiated with evidence?
If you have evidence to present on the things that you mention above, you should be able to proceed. If your filing specifically plead those things then you will likely be given the opportunity to substantiate. I say likely because Judges can be unpredictable. But you should be able to do so, and the motion to dismiss should be at least be held pending until you are able prove that you have grounds.

The things you have stated above could all be used as grounds for changing the custody arrangement to be in your favor. If you can substantiate these, I would think you had a decent chance.
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