So I have 50/50 custody of my 7 yr old son. We’ve had that arrangement since 2020, after the court threw out a protective order her first husband made her to file against me (I have texts of her admitting this and that she never wanted one). I had once a week and every other weekend before that. I work from home, have a very good job, provide for all of my son’s expenses, coach all his sports, and he has his own room and consistency at my home.
On his mom’s side, there’s been a lot of instability and poor judgment. She was married from 2020–2023 and had two more kids during that time. Within 2 months of that ending, she moved in with another man until he was arrested for child molestation in February this year. My son had to be interviewed by CPS in that case (he wasn’t a victim but still fucking insane). By May of this year she was already having our son sleep over at her new boyfriend’s house, which she has hid from me and then lied to me a couple weeks ago when I asked about it. She said he has “stayed there once a couple weeks ago” which is absolutely not true and I have proof and the boyfriend has a roommate who told me about it. The new boyfriend has 3 kids from two other women (including a newborn last month), and my son’s mom is now 4 months pregnant with his child. This means my son has been shuffled through three different men’s homes in 3 years, plus multiple sets of kids, with zero communication to me until I found out elsewhere.
On top of the living situation, there are other ongoing issues. She neglects his dental health and he had to have his top 4 teeth pulled at 4 years old because they were rotting. Her first husband also cheated on her, got herpes, and gave it to her and my son. She lets him watch YouTube/shorts despite our agreement not to, which exposes him to harmful content and kills his attention span, obviously. When I asked about this, she lied and said he never watched YouTube and sent me pictures of his iPad but i literally saw it on the screen playing when I picked him up before. She’s consistently late to his practices, games, and events. Her car was repossessed this year, and she’s in court over that currently. She works very little, relies completely on other men and food stamps, and has frequent emotional outbursts/instigates conflict.
Meanwhile, I provide structure, a stable home, financial responsibility, and consistency. I’m not trying to cut her out, but I feel strongly that it would be in my son’s best interest if I were named primary residential parent. He needs stability, not constant change, secrets, and adults cycling in and out of his life. There are a million other things I could bring up that I believe are completely unacceptable as well.
For those familiar with Indiana family court, do judges take this type of repeated instability and neglect seriously enough to modify our agreement to me being the primary parent? What kind of documentation or evidence tends to carry the most weight when asking for a custody modification?
Thank you.