QUESTION

Myself and the father are separating and we have a 2 year old son, what steps do I need to take to get sole custody?

Asked on Dec 22nd, 2016 on Child Custody - Indiana
More details to this question:
Me and my fiancé are separating and we have a 2 year old son. He will be moving into an apartment and I will be moving back with my parents for awhile. We both have full time jobs, myself at Menards and he works as a correction officier at ISP. I don't think he gives our son the attention he deserves and doesn't watch him as well as he should. I want to go for sole custody but if we have to have joint custody I want as much time with my son as possible. I can't imagine the thought of being absent while my son grows up or missing any time with him. what steps do I need to take to make this happen and what's the chances of getting sole custody for a mother in Indiana?
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1 ANSWER

Family & Juvenile Law Attorney serving Crown Point, IN at Kozlowski Law Offices
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You must establish paternity in a court of law, and a petition needs to be filed in the county where you live.  Paternity will be officially established, child support determined, and custody and parenting time will be established.    This is complicated,  and an attorney is advisable.  The determinations that are made at the first court sessions are extremely important, and are sometimes difficult to un-do at a later date.  The Court will make its decisions based on best interests of the child.  You will be able to explain to the judge what you believe to be the deficiencies in the parenting skills of the father.   There are two types of custody in Indiana - legal and physical.  Legal is whether the parents share in the decision making regarding the major aspects of the child's life:  religion, education, and medical.  Physical is where the child spends mosts nights.  You are smart in getting this established early on.   Good luck.   
Answered on Dec 26th, 2016 at 5:22 AM

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