Legal Question in Family Law in Indiana

Can being behind allow the Magistrate to cancel my visitation?

QUESTION

My attorney did not file a change of Judge Petition for my Child Support Hearing. This Magistrate has hear my Preliminary hearing, , Divorce, 1st Child Suport Hearing (Which my family had to post a $4700.00 purse bond) as well as her P/O hearing against me. (She assaulted me and went to jail overnight). The Magistrate in Question excused himself from the Assault case(She was subseuqntly found guilty) Because my attorney did not file the motion I was unable to attend last week (New Empoyee Training)I was out of town for work. (Just started a new Job) The Magistrate has reset the hearing for a week from today 4-1-03. If I do not appear he will issue a body attachment for me and I could be picked up. In addition, the kids are supposed to spend Spring Break with me.(Which begins next week)........and ALL visitation has been suspended until I appear in court......

1. Is he able to suspend my visitation?

2. What happens if I don't appear in court?

3. Do you know of any Attorneys, in the Marion/Hamilton County Area that could provide legal representation? I am not happy with my present counsel?


Asked on 3/25/03, 2:14 pm

1 Answer from Attorneys
Samuel Hasler Samuel Hasler

Re: Can being behind allow the Magistrate to cancel my visitation?

my apoligies for the delay in responding, i have had some computer problems the past few days. As for your questions. The magistrate cannot change your visitation unless there is a petition to modify visitation. You don't appear and you might find a warrant for your arrest has been issued. I do work in the Madison/Hamilton County area.

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Answered on 3/30/03, 7:00 pm


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