Legal Question in Family Law in Indiana

Served with Habeas Corpus writ.

Me and my ex have a 4 and a half year old daughter. We have been split up since July of 2007 and she has since remarried and has a child. I took possession of my daughter Thanksgiving 2007. No court orders or notarized papers were present nor any form of legal custody was established. I transferred to another state due to my career and for over a year now, her mother has done nothing but call my daughter. December of 2008 she calls the police department to my mother's residence for a ''welfare check''. Everything was cool and even the police advised me to just do everything possible to keep the peace and that I could potentially get her for abandonment. Yesterday (April 19th, 2009), I was served with a Writ of Habeas Corpus and an emergency order of returning the minor child and noticed she put down a fake address stating it was mine and the dates they were put in effect a month prior with no form of contact by any form of legal services. She was fully aware of where I resided and now have a court date. I've had this little girl 17 months today. What steps do I need to take to fight this???


Asked on 4/19/09, 3:24 pm

2 Answers from Attorneys
Gregory Coleman Coleman Law Office

Re: Served with Habeas Corpus writ.

You need to file for Modification of custody and support. You need an emergengy motion filed!

There's lots of work to be done... call me if you careto discuss options.

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Answered on 4/19/09, 4:28 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Served with Habeas Corpus writ.

Thank you for your question. You need to hire an attorney as soon as possible. Your situation is far too complex for an explanation of steps to fight the situation. Good luck.

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Answered on 4/19/09, 10:37 pm


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