Indianapolis, IN asked in Child Custody, Child Support and Divorce for Indiana

Q: I am married with a child and i havent heard or seen from her father in almost 3 years. Doea he have any rights.

The night he left his family beat me and my sister and we had to get pictures of our body taken at the police station

1 Lawyer Answer

William J Webster

Answered
  • Divorce Lawyer
  • Westfield, IN
  • Licensed in Indiana

A: First, I am sorry to hear about the domestic abuse. Unless the Court terminates parental rights which is usually done in adoption cases or cases where the children are removed from the parents by the State. Therefore, unless there is an adoption, your husband will always have parental rights.

If you haven't done so already, I recommend filing for a Protective Order and including the child, so if he suddenly appears and wants to see the child you will have a protective order in place. Further, if you decide you want to file for a divorce, you can request sole legal and physical custody and put restrictions on parenting time.

I hope the above answers your question. If you have any additional questions, please contact my office at 317-565-1818.

-Will

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.