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I currently have sole physical custody of my children, but…

I currently have sole...

I currently have sole physical custody of my children, but have agreed since day 1 of our divorce to a schedule of Wednesday overnights and every other weekend. I received a call yesterday morning from my son’s school. Evidently before school yesterday, there was an altercation involving my exhusband and my two sons. One was grabbed by the jaw and they were both terrified when they got to school. The school counselor filed a report with DCS and I filed a police report. Can I keep my boys from going to his house next Wednesday night or should I file for emergency custody? I technically already have sole physical custody, but have established a pattern of Wednesday nights and every other weekend.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I live in Indiana. I have left messages for several attorneys to try to seek advice. I need to make a decision ASAP, as my exhusband will expect them to be there next Wednesday.

Lawyer's Assistant: Have you talked to a lawyer yet?

I am trying to contact someone. I have left several messages.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. I just need to know if I should file for emergency custody or not. DCS has been contacted by my son’s counselor and I have an active police report number.

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Answered in 1 minute by:
3/9/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,349
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your situation,

Just to clarify, has the visitation schedule ever been entered through the court? Or is the only court order with regards ***** ***** or visiation the court order that grants you sole physical custody?

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Customer reply replied 4 months ago
We have never went back to court to modify anything. It stated that the parties have agreed that Respondent shall have reasonable visitation with the minor children as the parties agree or according to the Indiana Parenting Time Guidelines.
Customer reply replied 4 months ago
My son has stated to the counselor that he is afraid to go back to his dad’s.
Customer reply replied 4 months ago
I am at work and can’t talk over the phone at the moment.

Yes, in that case you should file for the emergency custody order right away and you should not send your sons back with the father next wednesday.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,349
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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