stephcook19
New Member
- Jurisdiction
- Indiana
The mother of my child and I have a current custody agreement. 50/50 but the child lives with me from Sunday night - Friday morning when I drop him off at school and she has his Friday night to Sunday night when I pick him up. She has the first half of Summer and I have the 2nd half of Summer.
When we did this agreement she was in a felony diversion program and trying to get her life together ( March 2022). We were in a good space and were working together to make our son happy. Recently she violated her felony diversion program by assaulting her Mother. She was arrested and let out on bail. She was then arrested again for assaulting her brother (my son was at her home waiting for her while on her weekend). She is currently in jail and awaiting trial. These are all the charges against her now:
11/09/21 - f6 - Domestic battery committed in the presence of a child under 16.
11/09/21 -f6- Neglect of a dependent def. places dependent in situations that endangers the dep
11/23/22 - MB- Disorderly conduct: engages in fighting or tumultuous conduct
12/30/22 - F6- Domestic battery committed in the presence of a child less than 16 yrs of age
12/30/22 -F6- Domestic battery committed in the presence of a child less than 16 yrs of age
I have no idea when she will be out of jail. The problem is when we did the custody agreement we agreed that we would do counseling before going back to court to change the agreement. I don't feel that all the violence is good for my son and I asked to change the agreement through the court system. I asked for primary physical custody and supervised visits for Mom until she does counseling and gets her mental health in order (she has borderline personality disorder). The judge will not allow me to change the order until counseling is completed. I am afraid for my son. She has been clinging to him and crying. Making him emotional. He is having nightmares. He is so sad and is constantly talking about her being in jail. When he is in her custody she is staying with her husband (they recently got back together.) and there has been domestic violence and drug use in the past between them. When the agreement was made she was doing her best to improve her situation. She was working on being stable. Had a good job, and was never late for visits. Everything has gone downhill and the only one suffering is my son. Because the order can't be changed I have to allow him to go with her on weekend visits once she is out of jail. What can I do? Is there any way around this?
When we did this agreement she was in a felony diversion program and trying to get her life together ( March 2022). We were in a good space and were working together to make our son happy. Recently she violated her felony diversion program by assaulting her Mother. She was arrested and let out on bail. She was then arrested again for assaulting her brother (my son was at her home waiting for her while on her weekend). She is currently in jail and awaiting trial. These are all the charges against her now:
11/09/21 - f6 - Domestic battery committed in the presence of a child under 16.
11/09/21 -f6- Neglect of a dependent def. places dependent in situations that endangers the dep
11/23/22 - MB- Disorderly conduct: engages in fighting or tumultuous conduct
12/30/22 - F6- Domestic battery committed in the presence of a child less than 16 yrs of age
12/30/22 -F6- Domestic battery committed in the presence of a child less than 16 yrs of age
I have no idea when she will be out of jail. The problem is when we did the custody agreement we agreed that we would do counseling before going back to court to change the agreement. I don't feel that all the violence is good for my son and I asked to change the agreement through the court system. I asked for primary physical custody and supervised visits for Mom until she does counseling and gets her mental health in order (she has borderline personality disorder). The judge will not allow me to change the order until counseling is completed. I am afraid for my son. She has been clinging to him and crying. Making him emotional. He is having nightmares. He is so sad and is constantly talking about her being in jail. When he is in her custody she is staying with her husband (they recently got back together.) and there has been domestic violence and drug use in the past between them. When the agreement was made she was doing her best to improve her situation. She was working on being stable. Had a good job, and was never late for visits. Everything has gone downhill and the only one suffering is my son. Because the order can't be changed I have to allow him to go with her on weekend visits once she is out of jail. What can I do? Is there any way around this?
