Legal Question in Family Law in Indiana
State of Indiana.
I have sole custody of my 4 year old child. I was never married to her father and there was never a visitation agreement through court.
He has never wanted to visit with the child until last year when I started seeing someone. Now he just calls and says he wants to take the child and if I don't let him he will have me arrested. I wouldn't have a problem with that but he has been arrested numerous times for meth and I am afraid for my childs safety. He was just arrested for possession of 3 grams of meth and that was right after he had taken my child for a weekend visit. It has not went to court as of yet and I am afraid he is doing drugs with my child there. I went to the court and filed for an emergency hearing to have his visits supervised but the case wont be heard until the end of the month.
He just says he will have me arrested if I don't let him take her anytime he wants. He and his mother and father showed up at my door to take her and I had to call the police because of his threats.
The attorney I spoke with said not to let him have her until after the court hearing, but the police said I had to let him have her.
Is there anything I can do to protect my child until the court date the end of this month?
1 Answer from Attorneys
What does your attorneysay? (If you don't have one, and are serious about your concerns, you really must get a lawyer, no matter what the cost. The odds of you being able to present a case strong enough to block visitation is next to nothing.) Listen to your lawyer, not the police, when it comes to a civil matter such as this.