Kevin,

It seems to me that they have no actual legal basis to take your son away. I'm not aware of the specifics of your prior CP conviction, but if it is under IC 35-42-4-4 (Child exploitation; possession of child pornography (a class D felony in Indiana), etc), then they would seem to not have any legal basis to take your son away *unless*:

the victim of the offense:
(A) was less than sixteen (16) years of age at the time of the offense; and
(B) is:
(i) the individual's biological or adoptive child; or
(ii) the child of a spouse of the individual who has committed the offense;

In other words, unless your CP conviction involved CP with your son in it, or if the CP was viewed by your son, then according to these laws, your prior conviction should not be enough to legally terminate the parent-child relationship.

http://www.ai.org/legislative/ic/code/title35/ar42/ch4.html#IC35-42-4-4

That's my interpretation. I sincerely wish you the best. Feel free to show the links to your lawyer if he needs quick access to the info.

Wish I could help more...
--
Saigo no Negai




• ( http link ) Child exploitation; possession of child pornography; violation classification; exemption; definitions
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