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Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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I have a ex wife planning on moving away within 100 miles to

Customer Question

I have a ex wife planning on moving away within 100 miles to b remarried, we have a son 10 years old now that she was awarded legal custody of at divorce when he was 3, I have legally 3 weekends straight and her one weekend. Lately my ex wife had been sending several text messages that are very verbally abusive to me, she cusses me all the time on text and threatened to put a protective order in place on me and probably my son as well their is no reason for a protective order on me, all of the text conversation s are recorded and printed, since she threatens to take my son away from me, all visitation rights, and continue s to send unwanted text messages full of hatred to me, should I file for a harrasment protective order on her? My son is also telling me that ex is constantly yelling at him and slaps him often if he is upset. He is afraid of her as well but seeing how she has legal custody of him would I be making a mistake on beating her to the court and file a order against her and since she had my son during the week what would happen if I asked for his name to be added to the order?
Submitted: 1 year ago.
Category: Legal
Expert:  Thelawman2 replied 1 year ago.

Hello, my name is ***** ***** I will be helping you today.

You could file for a protective order for yourself. Indiana has an online system to petition for protection orders, which means that you can seek assistance in the security and privacy of an advocate's office while the advocate prepares and files the petition electronically. The advocate will interview you to discover the necessary information for the court filing and will allow you to review and edit the forms before they are submitted to the court. While an original signature is needed on the papers filed with the court, most agencies will deliver the signed forms to the clerk’s office on your behalf.

However, if you wanted to do something similar for your son, you would have to petition the court to change the custody order such that she would not have legal custody anymore. The court can change a custody order if it is in the best interests of the child, and if there has been a substantial change in one of the factors courts think about when making custody decisions. Evidence of a pattern of domestic or family violence by your ex-wife is grounds as a "substantial change" which can result in a change of custody.