Legal Question in Family Law in Indiana
my exhusband hurt his children while under his custodial care and the kids reported it to the local cps, they dont want to go back to their fathers house sunday. the cps case worker will be reviewing the case on tuesday and I have a case number after the local police came and took pictures. The sugested I keep the children this week until the review and recomendations have been made. He has said I will be arrested if I dont bring him the kids on Sunday does he have a case, since he told me over the phone wait thill he gets his hands on his son thet reported him, I fear for my childrens warefare.
2 Answers from Attorneys
The answer doesn't matter. If you believe that he intentionally harmed your children and that he will do it again, you won't allow the visitation anyway, whether the chance are 1% that you would go to jail or 99%.
Under the facts, you'll have a good defense. I would try to have whoever suggested the children stay home instead, whether the cps worker or the police, give you written confirmation of that.
I agree with Jay. I think you are o.k. It would be best if you get something in writing from the caseworker recomending that there be no visitation. You should also consider filing a protective
for your kids.
Also, it is very rarte that the police become involved in a visitation dispute such as you have described.
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