US Legal Forms
Legal Resources
Questions & Answers
Minors
Can I modify custody if my daughter is being abused?

Can I modify custody if my daughter is being abused?

Q: When a mother lies in a custody case?

If a mother lies in a custody case, it can undermine her credibility and negatively affect her chances of obtaining custody. Courts take false statements seriously, especially if they relate to child safety. If you suspect dishonesty, gather evidence and present it to the court, as it may influence the outcome.

Q: What not to say in a custody hearing?

In a custody hearing, avoid making negative comments about the other parent, exaggerating claims, or discussing irrelevant personal issues. Focus on the child's needs and well-being. It's important to remain respectful and factual, as emotional outbursts or unsubstantiated accusations can harm your credibility with the court.

Full question:

I reside in Indiana. The custody of my 8-year-old daughter is with her mother. From the last visit, I came to know that her grandmother makes her to do all house hold chores and abuses her. In this circumstance, I want to get modification of the present custody arrangement. Is there any remedy available to me in Indiana?

Category: Minors
Subcategory: Custody
Date: 04/07/2025
State: Indiana

Answer:

In Indiana, if you want to modify custody, you must show that you have knowledge of child abuse or neglect involving your daughter. According to Indiana law (Burns Ind. Code Ann. § 31-14-13-12), if you file a petition to modify custody, you must provide written evidence that:

You are a party to the custody proceeding, and
You know that either:

A party involved in the custody case has been identified as a perpetrator of child abuse or neglect, or
Your child has been the subject of a substantiated report of child abuse or neglect.

The court may also ask for information from the Department of Child Services regarding any reports of abuse or neglect. They must respond to the court's request within ten days.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What do judges look at when deciding a case?

Judges consider several factors when deciding custody cases, including the child's best interests, each parent's ability to provide a stable environment, and any evidence of abuse or neglect. They may also evaluate the child's relationship with each parent and any relevant reports from child services. The goal is to ensure the child's safety and well-being.

What hurts you in a custody battle?

Factors that can negatively impact your position in a custody battle include any evidence of neglect or abuse, failure to comply with court orders, or poor parenting behavior. Additionally, making false accusations or not being cooperative with the other parent can also hurt your case. It's important to focus on the child's best interests.

When a mother lies in a custody case?

What looks bad in a custody case?

Negative factors in a custody case can include evidence of abuse or neglect, substance abuse issues, criminal behavior, or failure to provide a safe environment for the child. Additionally, poor communication with the other parent or attempts to alienate the child from the other parent can also be viewed unfavorably by the court.

Can keeping a child away from the other parent backfire?

Yes, keeping a child away from the other parent can backfire in a custody case. Courts generally view this as detrimental to the child's relationship with both parents. It may lead to a loss of custody or visitation rights for the parent who restricts access, as the court prioritizes the child's best interests and maintaining healthy relationships.