Legal Question in Family Law in Indiana

A friend of mine has been charged with child molestation charges. They had no substantial evidence bc they did not have a warrant for his arrest. He had just left his ex GF and had gone to meet an officer who went to he house to get his uniforms for drill, and he was asked to come to the station (I was on the phone with him, so yes I know this is how it went down) for questioning. His ex had already called him that day and said "if you don't confess to what you are about to be accused of, I'll make sure our son (who has spinal bifida) never walks again." Mind you she's threatened him many times throughout the relationship that if he left her, didn't do as she asked etc, that she'd hurt the children (and has smacked them around in front of him to prove her point), and has also threatened to "have him put away so he never sees his kids again, no matter how she has to do it or who she has to get on her side" (this quote from a witness who heard her say it.) So he confessed in fear that she might actually hurt the children. He's in the process now of his pretrial getting pushed back over and over, but several witnesses have provided statements of his ex's threats and harassment, along with 4 other children being questioned stating nothing ever happened. The two boys who are making the claims are the ex's son and his friend (who has been bribed with a gaming system.) But this thing could take a year to be over with.

Now that I've given some background, sorry it's a lot, and that's the short version... the question is this. He wants to get custody of his kids and get them away from this woman, can't afford an attorney, his court appointed attorney won't give him any advice outside his case, and CPS won't do anything because he doesn't have enough proof, and as long as she provides food, housing, her utilities are on, etc they won't do anything. Is there anything he can do at this point to try and get his kids? Or would it be best to wait until it all comes out during this court case - and will the judge do anything about it then?


Asked on 1/14/13, 1:15 pm

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

He is not going to get custody from any judge while a molestation charge is pending. Wait, and then hire a good family law attorney in your community to discuss the case.

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Answered on 1/15/13, 6:17 am


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