Legal Question in Family Law in Indiana

custody

I have a 7 yr od kid with my ex wife and i was granted visition and i cant find my ex wife to see my kid i called the prosecuters and they say i have to take her back to court to get my visition i cant afford a laywer so why do i have to get another one just to see my kid since it is already court ordered Do i have to get a lawyer oris there another way to see her


Asked on 12/30/03, 11:07 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: custody

You have the right to write up your own contempt petition to enforce your visitation rights. The rights were established when custody was granted. There is no self-executing mechanism to enforce visitaiton other than bringing the matter to the attention of the court. This is precisely why the courts generally have a remedy for contempt involving ordering the person disobeying the court order to pay the other person's attorney fees. Most generally an attorney helps you present a coherent case to the court for a short hearing and prompt ruling. An attorney also helps you get the paperwork written properly and all documents submitted in a manner acceptable to the court. But, no, you do not have to hire an attorney. Just be sure that your petition is correctly captioned and makes the proper allegations.

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Answered on 1/05/04, 9:11 pm


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