Legal Question in Family Law in Indiana

child visitation

My ex-husband took my two children from me.He recieved full custody,I pay support and in the divorce document it says that I can visit when he says so.The reason that everything is in his favor is because I was unaware that I was suppose to be in court,this was all done behind my back.I haven't been able to afford an attorney until recently.I live in Ky,he is in Indiana.Can I take him back to court for a revision of visitation,so the children can visit on a more regular schedule and so that I am protected so he can't say that I have them when I'm not suppose to?


Asked on 1/15/07, 6:51 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: child visitation

Yes in different ways. If you can prove that you were not given proper legal notice of a hearing, you can petition the court to set aside the original decree. Practically speaking that may not make sense, since he has had custody and would be entitled to child support for the time that he had them.

However custody, parenting time and support are always modifiable if you can establish proper legal reasons for modification.

Hire that attorney NOW!

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Answered on 1/15/07, 7:02 pm
Brian Ousley Law Office of R. Brian Ousley

Re: child visitation

You most likely have the right to file for a modification of the child custody order or at least a review of the visitation schedule. Please don't hesitate to call my office if you would like further assistance with this matter.

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Answered on 1/15/07, 7:23 pm


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