Legal Question in Family Law in Indiana
Father keeping child after a visitation
On August 27th 2003, my daughter was picked up as usual by her Grandparents and taken to their house for regular visitation with her Father. When I attemped to pick her up they refused to let me have her. At the time I was living with my Father temporarily, because of a break-up with my second husband. I was in the process of getting my own place and was doing the best I could for my children. Do to all the emotional trauma I was unable to find a place for a few months after the event occurred. On November 6th I found an apartment and moved in. They still refused to let me see my daughter, have any visitation, or anything to do with her at all. She will be 4 years old January 1, 2004. I have full custody of the child. How is it possible that I can't get my daughter back? There has been no charges brought against me, but there has been a court date set for December 30th to modify custody. Can someone please help me I have a limited means of income and feel helpless in a situation that I can't control without legal representation. What can I do?
2 Answers from Attorneys
Re: Father keeping child after a visitation
By the facts that you have shared, it would seem as if a petition has been filed by the childs father and or grandparents asking the court to review the custody issue. This would explain why you have a court date. However, if this is the case, you should have been served or been provided a copy of that petition by this time which states the reasons for it. Those reasons contained within you have not shared in your request for assistance. Therefore, this discussion cannot be any more specific than it is.
It is not necessary for criminal charges to be filed.The petition may allege that you are unfit to parent and that due to this the childs safety and well being are at great risk.
You need to review this petiton and determine what evidence you will need to to refute the allegations made. The best way to do this is to seek out an attorney. I understand your financial situation, but you may be able to obtain a loan or help from a family member for this purpose. Some attorneys may even have a payment plan to offer which may work for you.
If it can be shown to the court's satisfaction the child is at risk because of significant neglect, life style contrary to the childs well being, illegal activity he/she may be exposed to among other factors, the court could decide to grant custody to father or a guardianship to grandparents. You need a lawyer for this if you feel this issue of custody is important enough to you and your child. Get one as soon as you can.
Re: Father keeping child after a visitation
In addition to the comments of Ralph Tambasco, I would suggest that you contact the court as to where you can get legal assistance if you lack the finances to hire an attorney. If you have no such legal assistance available in the county in which the case is pending, I might be able to give some additional information to assist you in locating an attorney. (317) 882-9799
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
