Legal Question in Family Law in Indiana

My ex and I broke up and he has filed for child custody modification. We have 3 kids, but one is not biologically his. At this time, he has filed an order or protection against me so I cannot get into contact with my children until the 11th, which is the date of our first hearing. His records spans back into the 90s, which includes attempted murder. I have no record but I also have no job, no home that has my name on the deed, nor any income. Do I have any chance in court of getting any type of custody of my kids, especially the one that isn't his biologically?

Asked on 1/05/19, 9:33 am

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

1. You need to find a lawyer to represent you.

2. If you have no income, you cannot take care of the children, so you need to figure out a solution.

3. If the two of you were divorced, and the decree said all children are his, you have no way to attack that now, and his chances are equally there for all three kids.

4. If you married someone with that record from the 90's, and had children with him, you cannot complain about his criminal record now. Having children with him was your idea, and the courts will not rescue you from that.

I have no idea what your chances are against him, because I don't know what he might claim or why a protective order was granted, or any of the other facts that court will want to know.

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Answered on 1/08/19, 11:57 am

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