Legal Question in Family Law in Indiana

I am going through a divorce/ custody battle in the state of Indiana. The courts let my exhusband take my 4 year old son because I moved out of the county we lived in, only because of that. But I had to move to get support from family and to find a job. So I did this for the best of myself and my three children. They also without contacting me let him go into my home and take what was to be his possessions, but in fact he took alot of my items and my kids. Now the home is still in my name alone, and I am not completely moved out of it. Our final hearing is May 17th. Should I not been notified, and wouldnt this pretty much be considered theft? I have a public defender but he is doing nothing for my case in regards to my son or my personal property. What should I do? I am ready to fire him, but I do not know what I can file to go against these orders or how to procede with a hearing


Asked on 5/06/10, 9:24 am

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

1. If you have a final hearing next week, he is not yet your exhusband. As such, all marital property can be in the possession of either of you, absent a court order to the contrary.

2. Public defenders not handle dissolution cases, so I am not sure what you want a p.d. to do. You need to hire an attorney in your dissolution case in order to argue for your personal property.

3. There is no way to advise you of all things you need to do to protect yourself in a divorce in this forum.

Good luck.

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Answered on 5/12/10, 7:06 am


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