Legal Question in Family Law in Indiana
Lawyer helped husband steal my daughter from me!!
Is that legal?? For an attorney to draw up papers
to take my daughter away from me based on my hus-
bands false allegations about me? I'm one of the
best mothers on earth and he had no right to do
that!! I feel like sueing his attorney! Can I??
My husband stayed home from work on Dec. 7th, 1998
and said he was going to take our daughter to the
movies. Well, he stoled her from me; I never saw
my daughter again that day. A sheriff gave me
divorce papers at 4p.m. that same day with temp-
erary custody order along with it. How can an
attorney do such a horrible thing?? This same
attorney wants to deposition me tomorrow at 10am
What nerve she has!!!!!!!!!!!!! What rights do I
have? Does this stupid lawyer realize or even
care what she has done to my child's emotional and
psychological state??
Please reply very soon!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
1 Answer from Attorneys
Stolen child
The law states that both parents have joint and equal custodial rights to a child unless a court says otherwise. Therefore, your husband had every right to take physical custody of your child, just as you could have done the same thing had you sought legal counsel at the same time. A temporary custody allocation is based only on affidavits and/or testimony at a brief hearing; it does not affect your overall right to custody at trial. Remember, the court will be looking for stability, both emotional and economic, as it determines the best interests of the child. Suing opposing counsel (which you cannot do) and losing your composure at a deposition or hearing can be fatal to your custody chances. If you feel that you are more closely emotionally bonded to the child than your husband, have your attorney retain the services of a psychologist to testify on your behalf. Good luck.
Curtis J. Hamilton
Neel Wilson & Clem
9 South Main Street
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