Legal Question in Family Law in Indiana
custody
can my husband file for emergency custody of his daughter because her mother has two warrants for her arrest and win?
3 Answers from Attorneys
Re: custody
This question demands more facts. Two arrest warrants, though, would certainly weigh heavily against her in court proceedings.
If I can be of more assistance, please contact me via email at [email protected]. Andrew J. Thompson, Thompson Law Office, Indianapolis, IN.
http://thompsonlaw-in.com
Re: custody
I would need a lot more information about this question to give a very dependable answer, so this will necessarily be sort of vague.
IF the mother has warrants out on her for crimes of violence, drugs, or something that clearly indicates danger to his daughter, it might be worth pursuing. If the warrants are for cold checks, shoplifting,etc. then it is more questionable.
If she is arrested, then you will need to move very quickly to get her before the social workers intervene and get to decide where she lives, while making your husband jump through a zillion hoops just to see her.
Go see an attorney now and take whatever steps you need to take.
Re: custody
He certainly can file for emergency custody. However, whether he would win depends on a number of factors, the most important of which is what are the warrants for, if for drugs, violence or sexual in nature, he has a reasonably good chance, if for failing to appear for a speeding ticket, or similar minor offenses,not likely.
You really need to obtain more facts about the warrants.
The more significant problem may be what happens when she is picked up. Who will take custody then. If she is picked up and is not able to bail out, that would be a good time for an emergency motion for custody.
I suggest that you contact an attorney as soon as possible.