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Can she keep my kids away from me in Indiana Indiana

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  • Can she keep my kids away from me in Indiana Indiana

    I am going through a divorce and my soon to be Ex wife and I were using the same attorney and going to do a no contest divorce. We had agreed to split up all of our propertry and had agreed on where the kids would go. I am moving into an appartment with a friend of mine. My Ex think we are dating and makes accusations all the time about it and how she knows and she will keep my kids away from me because of her. She does not want me to date or see anyone until the divorce is final. The problem when we were married was that she wanted to control all parts of my life and she still wants to do that now as well. I need to know what she can legaly do to keep my kids away from me for living with another woman.....please help???

  • #2
    Originally posted by emsfireguy343 View Post
    I am going through a divorce and my soon to be Ex wife and I were using the same attorney and going to do a no contest divorce. We had agreed to split up all of our propertry and had agreed on where the kids would go. I am moving into an appartment with a friend of mine. My Ex think we are dating and makes accusations all the time about it and how she knows and she will keep my kids away from me because of her. She does not want me to date or see anyone until the divorce is final. The problem when we were married was that she wanted to control all parts of my life and she still wants to do that now as well. I need to know what she can legaly do to keep my kids away from me for living with another woman.....please help???
    If there is no custody/visitation order, there is no way to force her to allow you to see the children...just as if you had the children, there would be no way to force YOU to allow HER to see the children.

    Once the custody/visitation is entered, you will both have to comply with the order, whether she likes your friends, girlfriends, the color of your socks, etc...

    If there IS a custody/visitation order, then, no, she cannot disregard the order. If that is the case, file for contempt.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      Also, in Indiana, when you file for a no-fault divorce with minor children, both parties have to agree on custody of those children in a Marital Settlement Agreement that accompanies the Petition for Dissolution of Marriage. It sounds like you want joint-custody, but she wants sole custody. If you can't agree on that, then you can't file the no-fault divorce. If you are having problems with custody/visitation, then you need to get your own lawyer.

      In addition, if your wife is insisting that your children not be exposed to you having a relationship with another woman, then you can agree to that, as long as she agrees to the same (in writing). If you can't bring a lady friend over, she can't have gentlemen callers. What's good for the goose...

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      • #4
        I just wonder, if he has to get his own attorney, can her attorney, still represent her, since he has at one time represented the husband as well, which would cause a conflict of interest. An attorney, to the best of my knowledge, can not fight a previous client. OH, if you do not do this, then I would recommend asking the attorney, to draw up papers, stating that neither person have a relationship of a sexual nature, until the divorce is final, and nothing else. This way, once the divorce is final, you two can do whatever you please, but keep in mind, that there are rules of some sorts, about having a sexual relationship with someone, and letting your kids in on it, so keep it very discreet, no sex while they are awake, if ya know what I mean. I think she could use that against you in the future, just be safe, ask the lawyer what you can and can't do, of the sexual nature, in your home, when the children are present.
        Last edited by turbowray; 01-03-2007, 08:00 AM.

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        • #5
          I don't know specifically about indiana, but in some states you can file for a temp placement order until the divorce is final. I had that option with mine but didn't need it.

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