Legal Question in Family Law in Indiana
Domestic Violence In The Home/ Father Wants Emergency Custody
My son who is 6 yrs is currently living with his mother who has full custody. She also has her boyfriend living with her who currently has an outstanding warrant for violation of a restrainting order that she placed on him for battery. He is violent and abusive, punching holes through the walls of their house and we have had the landlord call us to inform us that the children in the house are also being abused and we should try to get his son out of there as soon as possible. The boyfriend has been in jail many times for battery and the ex wife always bails him out and lets him return to the home. The landlord claims that he himself witnessed the holes throughout the house and is currently in the process of evicting them. She has also moved so much in the past year that their son who was just entering kindergarden switched schools three times and now is in the process of switching again. He was berely able to pass kidergarden because of this. My husband is very afraid of what his son is being abjected to with all the violence and unstableness in his life therefore would like to know if he tries to file for emergancy custody would he even have a chance of getting his son out of this dangerous environment. Thanks
1 Answer from Attorneys
Re: Domestic Violence In The Home/ Father Wants Emergency Custody
Go for it. Definitely a good chance here, especially with the boyfriend and the Protective Order. It reflects on her inability to be the kind of parent who is responsible enough to insure the safety of her child. Get the landlord to take pictures and give them to you. Talk to neighbors. They can be key witnesses as to domestic violence they may have heard or seen.
See a local attorney ASAP.
Good luck.
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