Legal Question in Family Law in Indiana

I am currently legally separated and preparing to divorce my husband. I am seeking joint legal and full physical custody in the divorce. I currently live in Georgia, but intend to move back to Indiana with my children sometime next year once the house here sells. I have been talking with an old boyfriend, and we are planning to get back together. When he left his ex, she falsely (and yes I'm certain it is false, and for the sake of this question lets assume it is) accused and had him charged with child molestation of two teenage boys. My husband and parents have both threatened that if I move back to Indiana (not necessarily moving in with this man right away, but again I know he is innocent) they will do everything they can to take my children from me, unless they can determine the truth (my mom has my uncle, who used to be a cop looking into the case, and my stepdad is looking into it himself, and they don't want to believe he's guilty as they know him, etc). I am not an unfit mother, even my husband's attorney told him this. I have held down a job for 8 years while married and raising my kids, and will continue to do so up there. I have been informed of the evidence and heard the testimony of many people who know this man and his ex and I know he is innocent and it will eventually be proven. My question is does my soon to be ex or my parents have grounds to take my children from me, in the event this man's charges are dropped and he is not convicted, just because they aren't "completely convinced" he did or didn't do it...


Asked on 12/03/12, 11:13 am

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

If your divorce is in Georgia, this is a Georgia case to decide until your husband also moves from that state.

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Answered on 12/03/12, 11:20 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Jay is correct. You need to post this question for Georgia attorneys.

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Answered on 1/03/13, 9:28 pm


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