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Indiana Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Indiana on
Q: I am wanting to file a seperation / protective order how does this work

Is he allowed to come back to the property

Is he required to pay child support

Derrick  Storms
Derrick Storms PRO label
answered on Sep 20, 2022

A Protective Order also called an Order of Protection can be filed in Family Court, Divorce Court, or Criminal Court. In order to exclude your spouse or significant other from the home, you will need to request an exclusionary order. This will require you to allege specific dates in your... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: The sheriffs department has denied me copies of the autopsy pictures from my sons autopsy, how can I obtain them?

County coroners office says they did not take pictures of autopsy(only investigative pictures from the scene and they won’t release those) but the sheriffs department did take pics of autopsy. I have requested them and they denied them but I need them to have his case properly investigated.... Read more »

Charles Candiano
Charles Candiano
answered on Aug 15, 2022

You offer no explanation for asserting that you know autopsy photos exist or why the Coroner and the Sheriff would prevent you from getting them. The easiest way to memorialize your request for the documents is to make a FOIA request. Serve one on the corner and serve another on the sheriff.... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My ex and I have a temp order that ends in Aug. He begged me and begged for a year to let him move back to Texas

With the kids. I broke and let him. Now with me having same job same home for yrs and he had moved 4 times and was engaged twice within a year shows me he is unstable. What are my chances if getting full custody?

James A Hanson
James A Hanson
answered on Jul 9, 2022

There is much confusion about what "custody" actually means.

If there is an active case in Indiana for either Paternity or Divorce, then any party wanting to move out of Indiana is going to have the burden of explaining why that move is in the child's best interests....
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1 Answer | Asked in Adoption and Family Law for Indiana on
Q: Does having a closed dcfs case automatically disqualify someone from adoption?

My husband has a daughter, her biological mother has not seen or talked to her in a year and a half. I would like to adopt her through stepparent adoption. We know we would have to argue for her rights to be involuntarily terminated for abandonment. My issue is, I have a DCFS case because prior to... Read more »

James A Hanson
James A Hanson
answered on Jun 20, 2022

Based on the facts you provide in your question, it is likely you won't have much trouble with an adoption. However, because you have that CPS record, it would be helpful to hire a family law attorney to guide you through the process and iron out any wrinkles with the court regarding your... Read more »

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can the state still collect child support although the father has been paying me monthly and ive reported it?

I moved to indiana from cali. When i lived in cali, i had to apply for help as i had a min paying job and the father became the daycare as daycare was outrageously expensive. He did side jobs and gave me money. I reported this as well. We eventually worked out our differences and moved to indiana... Read more »

James A Hanson
James A Hanson
answered on Jun 10, 2022

Indiana does not allow retroactive changes to child support. However, you can explain to a court that payments were made to satisfy child support to eliminate arrearages.

You should probably get the child support re-calculated now that your financial and expense situations are different...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Soon to be ex scare tactics or?

Soon to be ex husband says his lawyer said he doesn’t have to prove me incompetent to get full custody just that he’s the better situation. In his mind he's the better situation because he's the money maker. I'm still however fully capable of taking care of my children and have... Read more »

James A Hanson
James A Hanson
answered on Jun 1, 2022

The fact that your ex has a lawyer only underscores the importance for you to retain an attorney and ask these detailed questions to that attorney in a confidential setting.

More generally, the legal standard in Indiana is the "best interests of the children" meaning that the...
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1 Answer | Asked in Family Law and Adoption for Indiana on
Q: My issue today is I just received legal papers requesting my permission for my daughter's father & wife to adopt my gra

I currently live in Texas and have been helping my daughter with her (currently 4yo) son since he was born, even though she lived in Oklahoma. I even kept her son in Texas for 6 months while she got on her feet. After the 6 months, she took her son to Indiana where she had her father & other... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

Your situation is complex and requires the dedicated attention of an experienced attorney.

You can be assured, however, that adoption is serious process with constitutional implications. Your daughter will have to be notified of any adoption proceedings and will have to be provided an...
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1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: How do I file a motion to consolidate my custody hearing for two children on two separate houses?

Both parent are attending eachother hearing in cahoots to alienate me from my child with various accusations. I would like to consolidate the cases so that I do not have to go from court to court, and can go to the same hearing and court for both children

James A Hanson
James A Hanson
answered on May 22, 2022

There are rules of procedure that make this theoretically possible, but it is not at all common in practice.

Your best bet would be to hire an experienced attorney who can put together a compelling argument for why the Court should at least consolidate the evidentiary hearings for the two...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Does suspended parenting time mean NO CONTACT?

My parenting time has been suspended pending a hair follicle test being submitted to the court and my ex-husband in Indiana.. does that mean NO CONTACT? He won't let me speak to them by phone and has even changed my son's play station account password and email so I can't send vbucks.

James A Hanson
James A Hanson
answered on May 22, 2022

It is impossible to answer your question specifically with the information provided. Also, it would not be appropriate to provide more detail in this venue.

I would presume from what you have shared that the Court simply suspended in-person parenting time. You should read the actual order...
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1 Answer | Asked in Family Law for Indiana on
Q: I live in Indiana and my ex is keeping my children from me. She said her Attorney told her to do this, no court order

My ex (never married) is keeping the kids from me, she told me and an officer that an attorney advised her to keep the children from me until visitation is put into place. I have signed the paternity affidavit for both my children and for my son we signed a form with the health department agreeing... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

Your situation is exactly why you need to get an actual parenting time order from an appropriate court.

In Indiana, a Juvenile Paternity (JP) case will legally identify you as the father of each child and will establish the parameters of both Custody and Support.

The fact that you...
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1 Answer | Asked in Estate Planning and Family Law for Indiana on
Q: My 89 year old father wants to get married to his 77 year old girlfriend who he has been dating for a year.

He now wants to include her in the will. He wants to make all the decisions on this and will not let his adult children help make this decision. He has some dementia, gets confused easily and should probably be in a nursing home. As of right now he had a will made out 7 years ago with me being the... Read more »

James A Hanson
James A Hanson
answered on May 22, 2022

Up front, it is important to remember that your father's property belongs to your father. He can give it to whomever he wants at any time.

With that said, the situation you describe does raise some red flags.

First, there is the issue of your father's capacity to make...
Read more »

1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Indiana on
Q: Can I stay after eviction n also appeal I didn't n couldn't make court this landlord throwing me out
Tim Akpinar
Tim Akpinar
answered on Mar 30, 2022

I'm sorry your question remains open for two weeks on such an urgent matter. This is something that an Indiana landlord-tenant attorney would have insight into. The question was overlooked under Personal Injury and other categories. If you haven't done so already, you could reach out to a... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Indiana on
Q: Does a witness have to take the stand in court if she is married to the defendant ?

As well as the witness feels like she can't go through with it , and is also the victim of the case ?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 1, 2022

If subpoenaed to court, then the spouse needs to appear so as not to be in violation of a court order that could result in her arrest. That being said, depending on the circumstances of what she would testify to, the spousal privilege may limit or prevent her testimony. She should contact a... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: I live in indiana and was granted sole custody of my girls. My daughter turned 18 in August and had a baby the day befor

My ex husband was abusive and is racist. My daughters baby is mixed. 3 weeks ago she stormed out of my house with the baby because I said her boyfriend had to leave. What can I do to protect the baby or stop my daughter from taking him to Alabama. My ex husba beat me and my kids and my grandson... Read more »

Troy Tyson
Troy Tyson
answered on Dec 6, 2021

By default, your daughter, as the parent of a child born out-of-wedlock, has sole legal custody of the child and may make decisions on the child's behalf. However, if you feel the child is truly in danger and/or have evidence of the same, you can contact CPS to request an investigation, and... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What should I do. I don't even know my choices here.

My ex & I have joint custody with me being the sole care giver. He hasn't had our kids since the weekend of August 15th. Our son was hit by a car on August 29th & was transported to the hospital where he had 2 surgeries & was in the hospital for a week. His dad came for 2 hours the... Read more »

Troy Tyson
Troy Tyson
answered on Oct 5, 2021

Very sorry to hear about your son, I hope he makes a full recovery. Regarding the custody questions, if the father is not exercising the time he is entitled to under the current order, you may consider requesting a modification of the order to something that better fits the situation. Also, on... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: If a judge was the one signing the custodial agreement, do any changes to the agreement go back before the same judge?
Troy Tyson
Troy Tyson
answered on Sep 28, 2021

Typically yes, but that could change depending on a whole variety of factors (judge leaves, one party changes residency to another county, etc.). If you are considering a modification, you should consult with an attorney to determine your best options.

2 Answers | Asked in Family Law and Adoption for Indiana on
Q: Hello I need to find what forms i need to file with the court so my husband can adopt my daughter.

bio dad is not around hasnt been in over three years. i have two other children with my current husband.i dont think bio dad will try to stop it but i cant get ahold of him to sign his rights over im in indiana

Kurt Kazmierczak
Kurt Kazmierczak
answered on Sep 21, 2021

You can get sample forms from the clerk, or possibly even at your county's website. Without the biological dad around to consent, there are things that need to be addressed with the court in order for this to have a chance at working. This is a scenario that can get very complicated very... Read more »

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1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What can i do if the mother who has primary withholds her address so I won't know where my kids are staying
Troy Tyson
Troy Tyson
answered on Sep 21, 2021

If you have a court order and/or share some form of custody of the children, you are entitled to know that information. You might consider filing a motion for contempt against mother. It might also be a good idea to sit down with an experienced family law attorney to discuss your case in detail.

1 Answer | Asked in Family Law for Indiana on
Q: What are the chances of him getting visitation

I have a court date to establish paternity of my daughter. It was filed by her father. He hasn't financially supported her, contacted her or seen her since she was 5 months old. She is now 3 years old. He was arrested when she was 5 months old for domestic violence against me and my 1 year old... Read more »

Troy Tyson
Troy Tyson
answered on Sep 14, 2021

The court will certainly consider the factors you mentioned, all of which are weighty. However, the ultimate decision is at the discretion of the judge, and it would be impossible to give hard predictions with such little information. You should seriously consider sitting down with an experienced... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Order dismissing Upon motion of the petitioner, this action is dismissed without prejudice and stricken from the docket
Troy Tyson
Troy Tyson
answered on Sep 14, 2021

It is unclear what exactly you are asking, but just as a general answer, if a filing or an action was "dismissed without prejudice and stricken," that means that the court has terminated it and will take no further action on it, but the "without prejudice" part means that the... Read more »

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