QUESTION

The state of California gave me and my child's father joint custody, can I file a new case here in Indiana to get this changed?

Asked on Jan 21st, 2018 on Child Custody - Indiana
More details to this question:
I left my daughter's father due to emotional, mental abuse that was starting to turn physical. I moved back to Indiana with my mother. He filed for custody of her in California they gave us joint custody not wanting to hear anything of why I left. She is now 3 will be 4 July and does not like going with her dad I want to put her in head start this year. Can I file a new case here in Indiana so I can enroll her in school and get primary or full custody of her
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2 ANSWERS

Family & Juvenile Law Attorney serving Crown Point, IN at Kozlowski Law Offices
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I practice law in Indiana, and am not licensed in California.  If the child spends more time with you than with her father, then you can file a motion in Indiana to "domesticate" the California order - in other words, bring the case to Indiana.   This may require an attorney both in California and Indiana to deal with the requirements of the interstate compact case.   This also turns on the exact wording of the California order.   Certainly, once the child starts to attend school, the custody arrangment needs to be modified to conform with the educational needs of the child.   You are wise to begin this process now. I strongly advise you to consult with an attorney in the county where you live.   Good luck!
Answered on Jan 23rd, 2018 at 1:57 PM

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NA smsattorney@gmail.com
The answer to start a new case will depend on many factors and also on the current custody order in place along with other factors. You might have to retain a competent and aggressive attorney. Because filing a new case in the new state might require a lot of litigation and hearings. You might not have to start a new case, you can try to modify the current court order to reflect the changes you want. If you would like my office to review the documents and see what we might be able to do for you than don't hesitate to contact us. The attorney will need to review the current court order so please have that ready and or you can email that to smsattorney@gmail.com Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.
Answered on Jan 22nd, 2018 at 8:57 PM

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