Will my husband get any custody after divorce?

UPDATED: Oct 1, 2022

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Will my husband get any custody after divorce?

My husband and I have been separated for 2.5 years
living in different states and he has not visited or
seen our daughter in those 2.5 years. He does not
provide financial support. He currently does not have
a drivers license due to 4 prior DUIs. I live In Indiana
and want to go ahead and file for divorce but will he
be able to contest and just jump right back into our

Asked on July 7, 2019 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He is VERY unlikely to get primary or even joint custody: the courts look to the interests of the children and what the parent in question has done as a parent, and years of neglect and nonpayment of any kind of support, plus his DUIs, does not make him a suitable custodial parent. Since you have been the primary caregiver, you will almost certain remain such.
He is however very likely to be granted some visitation, etc. rights, because he is the child's father, and the courts try very hard to keep or encourage contact between parent and child. That doesn't mean he will actually see her--obviously, he is perfectly happy not seeing his daughter--but it is likely he will have the right to see her.

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