Can I modify the custody arrangement of my 8-year-old daughter who is with her mother on the ground of her grandmother's abuses?
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?
01/13/2017 |
Category: Minors ยป Custody |
State: Indiana |
#30066
Answer:
“Person filing petition to establish or modify custody of a child having knowledge of child abuse, neglect, or need of services.
(a) If a person files a petition to establish or modify custody of a child, any person who:
(1) is a party to the custody proceeding; and
(2) has knowledge that:
(A) a party to the custody proceeding has been determined to be a perpetrator of a substantiated report of child abuse or neglect;
(B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;
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shall submit to the court in writing under seal that a party to the custody proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).
(b) A court reviewing a petition to establish or modify the custody of a child may request information from the department of child services regarding a petition or proceeding described in subsection (a)(2). The department shall provide a response under seal to the court's request for information not later than ten (10) days after the department receives the court's request for the information.”
In Indiana, if a person files a petition to modify custody of a child, must have the knowledge that the child named in the petition has been the subject of child abuse or neglect. The provisions on this have been enumerated in Burns Ind. Code Ann. § 31-14-13-12, which reads as follows:
“Person filing petition to establish or modify custody of a child having knowledge of child abuse, neglect, or need of services.
(a) If a person files a petition to establish or modify custody of a child, any person who:
(1) is a party to the custody proceeding; and
(2) has knowledge that:
(A) a party to the custody proceeding has been determined to be a perpetrator of a substantiated report of child abuse or neglect;
(B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;
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shall submit to the court in writing under seal that a party to the custody proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).
(b) A court reviewing a petition to establish or modify the custody of a child may request information from the department of child services regarding a petition or proceeding described in subsection (a)(2). The department shall provide a response under seal to the court's request for information not later than ten (10) days after the department receives the court's request for the information.”
