Legal Question in Family Law in Indiana

In a nutshell... 3 months ago my husband threw me & our daughter out with just enough money to come here to Indiana where my mom lived until 6 weeks ago when she passed away. I can not yet afford to file for divorce. (married a year in Feb) He receives full disability for PTSD and stays heavily medicated for the mental issues as well as severe physical ones. Here is my question...
He is having surgery this coming week for a debilitating lung condition and has told me he WILL come take our daughter for a few weeks visit when he recovers. He lives in Louisiana in the house he threw us out of. He is not able to take care of himself, let alone a 2 year old. He claims he doesn't need to stay here to see her as there is no visitation order. He could never afford to bring her back, cannot take care of her and he's on very heavy medication with a condition that could kill him anytime.
What are my rights here? Does it make a difference that she was born out of wedlock and he had nothing to do with her for her first year?

Asked on 1/14/12, 5:30 pm

Jay Rigdon Rockhill Pinnick LLP

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0 attorneys agreed

You can say no. Either of you can ask a judge to sort this out.

Answered on 1/15/12, 2:40 pm

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