Legal Question in Family Law in Indiana

I separated from my husband Sunday. I have to go back to our town tomorrow. He wants unsupervised nights and weekends with our 1 and 2 year old. In July he was admitted to the ER with an overdose of an unknown substance after a night of drinking. He continued to drink to the point of getting drunk for several more months. He did stop I think for a few months but is drinking heavily again. He has come been drinking at least three times in the last month and twice was in bed most of the next day throwing up and hung over. I also learned that he smokes marijuana often and continually. I do not think he is fit to have our children alone especially overnight. I am in the process of getting a separate apartment but I don't know how to stop him from seeing the kids unsupervised.

Asked on 3/18/11, 8:19 am

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

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"Just say no" is the easy answer. Only a court will enforce his rights, and if nothing has been filed yet, than he has no easy solution. However, remember he has full right to them right now if nothing has been filed, in the sense that if he does have time with them and refuses to return them, the police will not just show up to fix the problem by returning the children to you.

Anyone who is in your situation needs to sit down with a good family law attorney and file a dissolution petition, get support started, etc. Good luck.

Answered on 3/18/11, 11:37 am

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