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Roger, Attorney
Category: Legal
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My ex husband has custody of our 2 kids. I have had custody

Customer Question

My ex husband has custody of our 2 kids. I have had custody their whole lifes and now since their teenagers he's gonna decide to get custody. I made a mistake of going back to Indiana, cause I wanted to see my family. Well I got visitation, and my kids came to see me July 6 and they are supposed to be going back July 28. My kids have told me some really upsetting news, they have been emotionally and physically abused by him. He is not responsible by no means. I have reported to DSS in Indiana. They are investigating things, but my kids refuse to go back to Indiana. I need a lawyer in Indiana, but I live in South Carolina. What do I do? Please help.
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.

Hi - my name is Kirk and I'm a litigation attorney. Thanks for using JA! I'll be glad to assist you with this issue.


Reporting the abuse to DSS in Indiana was the right thing to do. However, you also need to file an emergency petition in their home county in Indiana for an emergency temporary custody order, identifying the issues the children have raised and ask the court to give you temporary custody of them until an investigation can be completed and until the court can decided what to do about custody - - and possibly changing custody back to you.


As you said, you do need a family law attorney in Indiana (preferably in the city/county where the children live) to file this for you ASAP. The best way to find an attorney is to visit and click on "Find a Lawyer or Law Firm". When you get to that page, you can enter the location and area of practice you're looking for and find a list of attorneys that meet your search criteria.


You should be able to engage an attorney and get something filed very quickly.


I hope this information helps you with your question, and if you need something further, please don't hesitate to ask. Thanks.