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

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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

Answers:

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.


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