Change of custody of minor child
I was divorced in Marion Co. Indiana approximately 5 years ago. My ex-wife was awarded custody of our three children as well as child support. Immediately following my divorce I returned to what had been my home before moving to Indiana Houston TX. Recently three things have developed that have motivated me to seek a change in that court order. 1. Elizabeth the oldest at 19 has gone into the Army. At present she only participates part time in the National Guard however she will soon go full time to attend an army school. FYI here I have no problem giving my children what ever I can but it is my deepest desire to cut off the money to their mother as soon as possible. Is there a way to convince the court to discontinue my child support for her? 2. My oldest son Alex now 17 wishes to come to live with me on a permanent basis in Texas. 3. Nicholas the youngest at 14 who had academic problems then has been allowed to slip farther and farther behind his peers until now he is three years behind in school. Unless drastic action is taken now he is in serious jeopardy of not graduating from High School. Given the gravity of this situation I would like to petition the court to send Nicholas to live with me. It is my belief that I can help him with his education for two reasons. 1.) I’m willing something his mother has demonstrated she is not. 2.) I hold a Bachelors Degree; his mother has completed NO higher education. The bad news about me: At the time my divorce was granted I had a job making $14.00/hour. It happened that that job was a temporary position and ended within a few weeks after the divorce was decreed and the child support set. I didn't approach that income again until almost three years after moving to TX. Also during the intervening 5 years there have been gaps in employment that where beyond my control and that caused me to slip behind in my child support payments. The amount is substantial but as a separate matter in contest. It is my contention that the arrearage is in the neighborhood of around $10000.00 and the state of TX contends that it is more like $17000.00. In any event I will make every attempt to have that question resolved before any appearance in court. As a minimum I will be able to show that I am perusing the matter with vigor. The Good news about me: At present I hold a job that pays $16.00/hr and appears to be one that will be stable going forward. I have resumed paying child support and am paying an additional $100.00/mo toward the arrears. I am and have been for the last three years supporting myself in a modest apartment and meeting my obligations in terms of rent food utilities and transportation. What I have done thus far: I spoke to an attorney about retaining him to handle this change and was told that a retainer of $5000.00 dollars would be required for him to begin. This amount of money is completely out of my range. In an attempt to discover how I might attempt to get these changes implemented I used a legal forms CD-ROM that I own and found a “Change of Custody” petition. My first instinct about this letter is that it cannot be complete. To my untrained eye it is much too brief. If this is what I was asked for $5000.00 to file Dillenger was in the wrong business. AGREEMENT FOR MODIFICATION OF CHILD CUSTODY Dana Glen Schoen referred to as FATHER and Mary Ann Schoen referred to as MOTHER agree: Pursuant to a decree by the Marion County Family Court Marion County Indiana child custody and visitation has been set regarding Alexander Christopher Schoen. The parties desire for a permanent modification of the terms and conditions for the custody and visitation of Alexander Christopher Schoen. The custody arrangements for Alexander Christopher Schoen shall be changed as follows: Assign permanent custody to Dana Glen Schoen Effective January 1 2004. This agreement may be entered by either party before the Marion County Family Court Marion County Indiana. Dated: ___________________________ ________________________________________ Mary Ann Schoen ________________________________________ Dana Glen Schoen Here are my questions: 1. Is this the form the patition must apear in? 2. What other information must I provide? 3. I must make separate partitions for each change? 4. Can Elizabeth be declaired an adult and child support for her terminated when she goes in active duty in the Army? 5. Where is there more help?
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