Can I get custody of the kids if my wife leaves them?

My wife left 3 months ago and got an
apartment leaving the kids with me is
this a situation where I could be
granted custody?

Asked on March 7, 2016 under Family Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you do not have orders in place and you are the parent who has the best ability to provide for your children at this juncture, then you could be granted full custody of your kids if your wife leaves them.  She will have a hard time arguing that you are unfit especially when she left them with you voluntarily.
If you already have a final order in place, then your wife will be considered primary until an order that says otherwise.  If the kids are with you a short while longer, then you have a good argument for taking her back to court and asking for full custody on the basis that she has voluntarily left them with you.  Before you do so, however, consult with a local family law attorney to decide the best time to file.  Every judge is a little different in how they approach modifications... so you want to make sure that you are following a precedent that your local judges have already set in order to obtain the best results.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.