Can my husband be kept away from seeing his baby if he is awaiting acourt date regarding a child abuse charge?

My husband of 5 years was in the care of our 7 month old baby girl when she feel off the bed. The hospital took it to the extreme and is charging him with felony child abuse. It’s been over a year and they have indicted and now they are telling me it could take 8-24 months before he gets a court date. Is this true? We have been apart for over a year now. Can they keep him away from me and the baby?What if as the custodial parent say that he can be around her for the duration of this case?

Asked on November 4, 2011 under Criminal Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not your husband can see his child pending a court date concerning a felony child abuse charge depends upon whether or not there is presently a stay away order against him in effect.

In order to determine this, you need to carefully read all court orders in effect with respect to your husband as to the criminal charge pending.

If he does not have a criminal defense attorney representing him at this point, I recommend that he retain one.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.