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Found Possible Underage Pornography In Husbands Possessions

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Location: Indiana

I’m looking for legal guidance regarding a custody/divorce situation involving a criminal investigation. This is in Indiana.

I recently discovered a large amount of pornography on a few discs in my husbands old belongings. Some of the material appeared to depict very young-looking girls alongside adult pornography, also fully clothed pictures of like ten year olds.. Because I was concerned that some of it could involve minors, I immediately contacted law enforcement.

The police took possession of another phone that I found (found he was getting pegged by people off Craigslist while dating me) and other electronic media. After an initial review, they told me they could not immediately determine whether any illegal images were present, so the phone was sent for a forensic examination. I was later informed that the FBI is also involved in reviewing the evidence and they are trying to match the videos and images to underage material. As of now, I have been told the investigation is still ongoing, and I have not been informed that any criminal charges have been filed.
I have retained a divorce attorney and expect a custody case to begin. We have three young children. There is currently no court order regarding custody or parenting time. My lawyer isn’t very responsive but both law enforcement and lawyer suggested not handing the kids off to husband while investigation is pending. We are currently staying at my parents house and I desperately want to return home and resume normal routine with my kids. Is there any way to do this? Husband is getting very annoyed that I have not handed the kids off but also knows things are missing so thinks something is up.

In a custody case, how do courts generally handle an ongoing criminal investigation when no charges have been filed yet?
Can the family court consider the fact that there is an active forensic investigation, or will it generally wait until criminal investigators reach a conclusion?
Is it reasonable to request temporary primary physical custody while the investigation is pending, or do courts typically require more than an ongoing investigation?
What types of evidence or documentation are most helpful in this situation while the investigation is still active?
I understand that an investigation does not necessarily mean a crime occurred, and I’m not trying to prejudge the outcome. My primary concern is protecting my children while also handling the custody process appropriately

submitted by /u/mindboggleme67
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