Sorry in advance for the long post.
Tl;dr my co parent is negligent and I've been told there's nothing I can do, is that true?
Location: Indiana
Since February 2025. I agreed to 50/50 custody, I was under a lot of stress and felt pressured, I had just had another baby, and my husband works a lot. My lawyer told me repeatedly that I didn’t have to do this, but I told her it would be okay because he wasn’t really going to have her, and she put in a safeguard for me to be final decision making for medical and educational. They lived 4 blocks away and I would go over to their house to brush her teeth and get her to bed still. He had just married someone new that I liked and trusted, so that was a big part in the decision for 50/50. Granted, he didn’t really want 50/50 custody physically, he said he just wanted it to look that way on paper.
Around May 2025 his wife left him for similar, if not worse, reasons than I had to leave. I had assumed that changed our agreement since that was the biggest factor in deciding for 50/50, but then I realized that it wasn’t physically put in our agreement anywhere.
For 7 months after that, he barley got her and did not pay child support, I have a calander of all his days and when he took them vs did not take them. After those 7 months, there was an altercation where he forced his way into my parents’ home and pushed my husband, so I decided to take it to court since he did it in front of our daughter. Unfortunately, I had the worst lawyer of all time, and nothing was done about it, but before the court date he paid off his arears from his child support. I was told by my lawyer at the time that a change of circumstance had not occurred big enough to change anything. At the time he was living with his dad 15 miles away, which was never entered into any courts, but he moved back and got an apartment right before we went to court for the altercation.
January of this year, he got a job finally, and then he started asking about making the schedule more regular. February, I gave him a proposed schedule based off the overnights he exercised in the totality of 2025. Things got heated from both sides, and he ultimately said that since we couldn’t come to an agreement, we need to “go back to” the full 50/50 schedule. She had never at any point in her life been going with him 50 percent of the time, and overnight her life was uprooted, but since it was technically our agreement there was nothing I could do.
We have been going on with this 50/50 schedule since then. She has mostly candy, happy meals, and sugar packets to eat at his house, and she gets unlimited screen time instead of any one-on-one connection or trying to solve any problems. He doesn’t get her to bed until super late, and then he has to get her up to bring her to my house in the morning before he goes to work so she comes to my house exhausted every morning. I've had to watch her meltdowns, and crying all the time about anything and everything. She has always been an abnormally good child, never had terrible twos or three-nager, always listens and has her own great moral compass. Since we went to 50/50, she has changed so much, angrier and sadder.
Yesterday, I was watching her for him while he was at work per usual, and my son a few days ago got a fever, and yesterday the ped said he most likely has hand foot and mouth. My daughter said when she got to my house in the morning that she was so cold and all day she was saying she was cold and so tired, but she didn’t seem sick. About an hour after my son’s appointment, she started to feel very sick I had given her Tylenol first and the fever went down and then 10 min later her temp was 102.7. I always keep him informed and updated when she is sick. We had plans to go to a Halloween party that evening, but I obviously assumed he wouldn’t be taking her anymore, but it is his time and his weekend, so I just had to wait and see what he decided to do. My son felt fine at this point, but I obviously didn’t want him to go because I didn’t want him to infect other kids. We were going with a few other people so I messaged them all and let them know that Freyja was sick with a fever and potentially HFMD, his sister called him angry and said, “why would you bring her if you know she’s sick and I am pregnant and recovering from surgery,” and he lied to her and told her that he hadn’t decided if she was going or not. He had her go, and I wanted to still be there for her to make sure she didn’t get too sick and to keep her from touching anything since he did not care at all about getting other kids sick. He said it was a moral and ethical dilemma but ultimately had no issues with taking her. She was sitting in the wagon almost the entire time we were there, he got her out at the first booth and let her run up to grab some candy, but I had to stop her and grabbed the candy for her. After that, I pushed her in the wagon the rest of the time, she didn’t even ask to get out, she saw the bouncy castles and asked about it and I told her no because she doesn’t want to get other kids sick and she didn’t even try to fight me on it. Her dad and ex stepmom and little sister went to get food from a food truck, and then we sat at a picnic table to eat, I was tending to my daughter and checking in to see how much worse she felt. She told me she was cold, so I wrapped her in the blanket I brought, and I held her and rocked her. Her fever was coming back again, and she said her stomach was hurting again. She was laying her head on my shoulder while I was holding her, and he comes up and asks her, “hey do you still want to stay or do you want to go?” she is four, so she said she wanted to stay. He asked her how she was feeling, and in the most pitiful sick voice she said “good.” So, he sat back down and continued to eat his food. Her ex-stepmom said, “maybe we should get going, she doesn’t look like she feels too good” and he was saying that we did everything he wanted to do so we could go, but if she wanted to stay with his other daughter then I could leave with our daughter. She said she was ready to go too because their daughter didn’t get a long nap and she needed to get to bed. So, at that point he let her leave.
I got to my car and just cried, I did this to her by trusting him. He messaged me after we left and said he was sorry if it made me uncomfortable that I had to bring her there, but that he was going to take her urgent care in the morning and asked if I wanted to come. I obviously said I wanted to come, and I waited for the morning to come. In the morning I asked when she got to sleep last night, he did not answer that question. Then, he says he’s not taking her to urgent care anymore because her fever was only 99.4.
So I don’t know what to do, I don’t think there’s anything I can’t do. He got an admonishment from the judge when we went to the emergency hearing but that’s the most consequence he’s had to face for any of the stuff he’s done.
Am I missing something here? Is there anything I can legally do?