Legal Question in Family Law in Indiana
Seperation from Spouse, Divorce not filed
My brother left his wife in December. Divorce has not been filed at this time. She has 2 yr old son. Can she stop him from seeing the child or prevent him from entering the home to get his personel property. Hes leaving everything except tools, clothing, his truck and his computor. She won't let him get anything. He did leave in his truck. He is main caretaker of child. Asking for joint custody. Is that possible? Does he need to start support before the divorce is filed and can he take the child for a weekend now? What are his rights at present time?
2 Answers from Attorneys
Re: Seperation from Spouse, Divorce not filed
You have listed way too many questions for this forum. That being said, your borther has an absolute obligation to support his child, regardless of wheterh he is living in the home or a divorce has been filed.
My overall suggestion is that he file for a legal separation or dissolution, immediately. A provisional hearing will take place within a few weeks of filing. A provisional hearing sets forth temporary orders regarding child custody, bill paying, access to property, parenting time, etc. until there is a final hearing.
Re: Seperation from Spouse, Divorce not filed
from the facts, he has as much right to enter the house as she does.