Legal Question in Family Law in Indiana

Just adopted baby and husband is on drugs

My husband & I have been married almost six years now.

He has been addicted to various drugs and has had two stays at Hazelden. One stay was prior to our marriage for Cocaine addiction and one was last summer for RX drugs. I have wanted children my entire life but wasn't able to have any. I never persued adoption because I feared my husband would continue his drug problem and I didn't want to put a child through this. However, six months ago, an opportunity to adopt a local baby girl landed in our arms and I just couldn't say no. Now...what I feared all along is happening. He is out of control and I want to file for divorce to protect this beautiful child. What are my chances for sole custody and him having no visitation rights? We just adopted her 7/15/04 and she is almost 4 months old. What are my chances of keeping Dad out of her life and giving my daughter a good life before she is old enough to realize what is going on? Please help.


Asked on 11/08/04, 7:12 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Just adopted baby and husband is on drugs

No one can predict exactly what will happen during a divorce and/or custody proceeding; however, judges generally are quite concerned about children being left with drug addicts and drunks, as well as abusive parents. Be sure you move quickly to remove your child from the situation and seek the court's protection, but do not be surprised if he fights you and demands his visitation rights. The court will never find you in contempt for refusing to send a child with a person obviously under the influence at the time of pickup. Otherwise, he has the right to visit.

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Answered on 11/09/04, 10:34 am


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