I have a pending divorce. My wife has made threats via text, as well as verbally with witnesses present, in regards to keeping our kids from me. She has also assaulted me, which was witnessed, and I subsequently filed a police report. I have spent time in a mental healthcare facility for non-violent behaviors, and my wife has threatened to use this fact against me in court. Do I have a chance of custody given that I have spent time in such a facility even though the kids have an abusive and threatening mother?
First, I must state that I am not licensed in Indiana; however Cordell & Cordell, P.C. has attorney’s who are licensed and located in Indiana who would be happy to discuss your case with you.
Most jurisdictions determine custody based on the best interest of the children. The Court will weigh a variety of factors in making this determination, so rarely is the decision made based on one deciding factor. Certainly if you can show a court that the children’s mother is abusive and threatening towards the children, this would weigh in your favor.
Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.