Legal Question in Family Law in Indiana

Which parent has custody during separation?
I'm a mother of three, ages 11, 9, and 3, and I filed for divorce after 11 years of marriage. At the time of separation, I was having an affair and told him about it. He is an abusive man with a record of assault and battery against me, he drinks alot, while we were together we never had a stable home. His work record is poor, he has always worked for my family when he did work. We have been evicted from several places, he wouldn't let me work, and when I would get a job he would make me quit. He has cheated on me throughout our entire marriage, more times than I can count. So, I got out the only way I felt, at the time, that I could. I just wanted it over for good. I filed a fee waiver with my divorce papers, but it hasn't been signed by the judge yet. He says he wants custody of the boys, the two oldest. I now live with my boyfriend, although it was only 1 month after separation. However, my ex and his girlfriend are living together. Everytime that I had ever seen her, she was admittedly strung out on drugs. I have been splitting the time with the boys equally with him, but I want them full time since school is about to start. I don't know what to do! Can he keep them and not give them back to me? Should I get a lawyer?

Asked on 8/03/05, 3:56 pm

Voyle A. Glover Attorney at Law

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Re: Which parent has custody during separation?

Get a lawyer IMMEDIATELY. Do not delay.

You were foolish to try and do this without a lawyer.

Find one in your area and don't delay.

Answered on 8/03/05, 5:09 pm

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