Legal Question in Family Law in Indiana

Falsely accused of child abuse and need help to get my daughter back.

April 2004 my ex-girlfriend was behind on her support. I told her she needed to get caught up. During her weekend visitation with my daughter, she filed sex abuse charges against me. I was reported to CPS, arrested, and went to court. The CPS charges and sexual abuse charges were dropped November 2004. The Judge ordered my ex to return my daughter to me within 24 hours. My ex then filed an emergency custody hearing. That was December 2004. Needless to say we are still awaiting the Judge's decision. I still do not have my daughter back. Can you give me any advise or help?


Asked on 1/22/05, 8:14 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Falsely accused of child abuse and need help to get my daughter back.

Unfortunately, your remedy is to merely wait for the system to play itself out and continue to await the judge's order. Unless the judge has entered an order allowing the child to stay with the other parent during the proceedings, you can petition for an order authorizing the local constabulary to take the child into its custody for the purpose of returning the child to you. You might also consider filing a petition for make-up parenting time for the time the child should have been with you and you did not have the child (meaning the non-custodial parent will forfeit some parenting time).

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Answered on 1/24/05, 9:10 am


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