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Questions Answered by John Mario Acosta Jr.

1 Answer | Asked in Divorce for Indiana on

Q: If my spouse filed for divorce with an attorney, , do I have to file a pro se appearance for myself?

My spouses filing only included the petition and the attorneys appearance, 2 pages. There was nothing included for what my spouse is requesting for me to "respond" to. I was just unsure if I had to file an appearance for myself since I would be pro se if I were to request anything or not from my... Read more »

John Mario Acosta Jr. answered on Jul 10, 2019

Based on the information you provided in your question and your current situation, you can file a pro se appearance but it is not really required unless by local rule of your jurisdiction. You should have also received a summons and a court date on that summons to appear in court. If you want to... Read more »

1 Answer | Asked in Estate Planning and Probate for Indiana on

Q: Mother and stepfather owned a home mom died in 2013 he took her name off title now wants to sell

This is in pennsylvania...They had no kids together but Mom has 4 children surviving. He is selling the property are we etitled to a portion as there was no will left.

John Mario Acosta Jr. answered on Jul 9, 2019

I do not have a license to practice law in PA only in IN, so with that said this may not apply to the laws in PA, but based on your question and situation if she did not leave a will then he is the one entitled to the property as her surviving spouse.

1 Answer | Asked in Child Custody and Family Law for Indiana on

Q: When a custody order is in place between the parents does that include the parents families as well?

My ex states that his parents have just as much legal right to visitation with our children as he does and he states that I have to follow the visitation order that is between him and I with them as well. The custody order has me down as the person with sole physical custody, he and I share legal... Read more »

John Mario Acosta Jr. answered on Jul 8, 2019

Based on the information you provided and the situation, the Father of your children has parenting time not grandparents, if he wants to allow visitation during his time he can, but you do not have to make accommodations just for them to visit with children unless specifically outlined in the... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on

Q: My wife recently left when i was at work and took our 1 year old son. She wont let me see him at all. What can i do?

Nothing has been filed with the courts. No divorce paperwork has been filed. We weren't talking about getting a divorce before this. As of right now neither one of us have custody over my son as i understand it, since we were married when my son was born. Is there anything i can file to gain... Read more »

John Mario Acosta Jr. answered on Jul 8, 2019

Based on your question I would need more information to give you the proper legal advise. Was this as a result of a paternity action or a divorce? What type of custody do you have of the child?

2 Answers | Asked in Divorce for Indiana on

Q: How long do i have to wait after my divorce is final to remarry?

My divorce will be final in June. I want to know if i have to wait a certian peroid (30 days) before i can get remarried.

John Mario Acosta Jr. answered on May 15, 2019

As long as the judge has signed the divorce decree finalizing your divorce, you have received a file stamped copy of that order from the court, you can get married anytime after that.

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1 Answer | Asked in Juvenile Law for Indiana on

Q: if I'm 17 are my dad and step mom allowed to touch my personal property and things i have payed for myself

or things my mother has bought for me with her own money

John Mario Acosta Jr. answered on Aug 6, 2018

Based on your question, I can appreciate your situation being a young adult, but with that said you are considered a minor until you turn 18 and as such you can't own property. The property you speak of belongs to your parents or to those whom you live with. The property purchased by your mother... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on

Q: My son is ordered to complete 95% of his parenting time with his 15 month son before he is able to have ANY OVERNIGHTS?

So my question is how do they? Or when does my son know when that 95% of his parenting time is complete?

John Mario Acosta Jr. answered on Apr 18, 2018

Based on your question and without reading the visitation/parenting time order, usually in my experience most parents are supposed to have paid 95% of their child support in order to claim the child on taxes, then according to the guideline it should be consistent parenting time for 6 to 9 months... Read more »

1 Answer | Asked in Child Custody for Indiana on

Q: I have full physical custody of my daughter, me and her father have 50/50 legal. Can i move out of state?

John Mario Acosta Jr. answered on Apr 16, 2018

You can but your daughter can't. You have to file notice with the court 90 days prior to your intent to move and he has 60 days to respond. This is an Indiana state law.

3 Answers | Asked in Divorce for Indiana on

Q: Can you file for Divorce prior to terms of property settlement

I would like to file the paperwork to hopefully expedite the divorce.

John Mario Acosta Jr. answered on Apr 16, 2018

Depends on the jurisdiction and court as to bifrication of the matter.

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1 Answer | Asked in Family Law and Child Support for Indiana on

Q: Child Support Calculation After Spouse remarries.

I live in Indiana. My ex wife was engaged 4 months after we were divorced. She has gotten remarried. They live in our old house. When child support was calculated it was based on her expenses at that house. Now he lives there with his daughter. Should the income and expenses be recalculated since... Read more »

John Mario Acosta Jr. answered on Apr 16, 2018

Based on your question if there has been a substantial change in circumstances child support can be re-calculated. If that is found you can request her spouses income be imputed into the calculation but you must be able to prove that the other income is covering what are the needs of the child.

2 Answers | Asked in Immigration Law for Indiana on

Q: I'm marrying someone from Brazil - are my children from my previous marriage

able to claim duel citizenship if he adopts them?

John Mario Acosta Jr. answered on Apr 13, 2018

No.

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2 Answers | Asked in Family Law and Domestic Violence for Indiana on

Q: Can a 20 yr old get arrested for putting his hands on his 8 yr old half brother?

The parents have told the 20 yr old that he is not allowed to touch his 8 yr old brother no matter what they are arguing about or what is said. The 20 yr old thinks he is allowed to do whatever he wants (hit, slap, smack, shove, etc). He seems to think he won't get in trouble because he's his... Read more »

John Mario Acosta Jr. answered on Mar 31, 2018

Yes he can.

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1 Answer | Asked in Family Law for Indiana on

Q: My mother is being emotionally abusive. Can i go to the police what's happening and they keep me away from her?

I'm 17 and pregnant. i have written evidence, a voice recording, and at least one witness. I was told that i could run away bc it's not illegal, but if found i'd be returned to my parents. If i go to the police and tell them and show them what's going on, can they keep me away from her? I'm afraid... Read more »

John Mario Acosta Jr. answered on Mar 30, 2018

You are running a great risk to yourself and your child. If you run away you can be charged as a runaway and placed into the juvenile system. Additionally, you will be placed back with your mother until you reach the age of majority which is 18 in the State of Indiana. You can call the police and... Read more »

1 Answer | Asked in Child Support for Indiana on

Q: My daughter turn 19 this year..But will still be attending last year of high school. Do i still have to pay ?

She turns 19 but will be a senior still.do i still pay or once she turns 19 im done?

John Mario Acosta Jr. answered on Mar 30, 2018

You can terminate child support if, you are ordered to pay support for a child, and if the child:

is age 19;

has joined the United States armed services;

is married;

is not under the care or control of either parent or someone else approved by the court; or...
Read more »

1 Answer | Asked in Family Law for Indiana on

Q: What are my rights if no paternity has been established, but there is a pending paternity case?

I'm married to someone who is not the child's father. Does this change anything? I relocated from Ohio to Indiana to protect myself and my daughter from his stalking and abusive behavior. I'm planning to file a protection order. He is not on her birth certificate.

John Mario Acosta Jr. answered on Mar 29, 2018

If there is a pending paternity action you must follow the directives of the court as far as establishing paternity to include a DNA test. You could be held in contempt if you fail to comply with a court order.

Once paternity is established you will be looking at child support and...
Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on

Q: If ex is court ordered to carry medical insurance but refuses to because he says its to expensive

I had to pick up insurance do I have to give him a copy of my insurance card?

John Mario Acosta Jr. answered on Mar 28, 2018

If it is court ordered then yes, but you must look at the language of the agreement, because most agreements state unless otherwise unable to. Since you have picked up the insurance on the children you must provide your ex with a copy of those documents. IF you fail to do so it could result in your... Read more »

2 Answers | Asked in Divorce for Indiana on

Q: Still 50/50 distribution of debts and assets?

My husband lost his job a few weeks after he told me he wanted a divorce and left me (completely out of the blue). It's been 2 months and he has yet to find another job. If I file for divorce, will debts and assets still be split 50/50, even though he is only getting unemployment? (We earned a... Read more »

John Mario Acosta Jr. answered on Mar 28, 2018

Based on your question the starting point for any divorce is 50/50, unless the parties agree or argue away from it. So there is no guarantee of a 50/50 division of property and debts in a divorce unless you agree to it and reduce it to writing.

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2 Answers | Asked in Child Support and Family Law for Indiana on

Q: I haven't seen my 10 year old daughter since infancy. I pay child support. Any way I can forfeit my parental rights?

John Mario Acosta Jr. answered on Mar 28, 2018

There is no way to terminate your parental rights unless there is someone who is going to stand in your place and take responsibility for the child or the state commences an action to terminate your rights. You must continue to pay child support, which supports the child until the court orders... Read more »

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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Indiana on

Q: Help with absent father who threatens court with me.

My daughters father has not paid child support, he goes months without contacting her, shes 2, and months without seeing her. He will text me a couple days before he wishes to see her and when i tell him that i have plans he gets upset and says that its my fault he doesn't have a relationship with... Read more »

John Mario Acosta Jr. answered on Mar 26, 2018

When you get married and your significant other wants to adopt the child you must first terminate the biological parents rights first and then put the adoption through. The termination can be consented to or contested and if contested then a hearing will have to be conducted to see what is in the... Read more »

1 Answer | Asked in Child Custody for Indiana on

Q: Do I legally have to make my children still go with their father for overnight visits when he does not even have a home?

His current wife kicked him out back in August and filed for a divorce. He has been staying at friends houses ever since. My children do not want to stay there because it is not a safe or secure location and they feel very uncomfortable. (Lots of alcohol and partying take place) My 14 year old... Read more »

John Mario Acosta Jr. answered on Mar 26, 2018

Based on your question, legally yes. You may need to seek counsel to file a modification based on the change in circumstances so that the court can give you further guidance on future visitation if you think this type of visitation is not in the best interest of your children.

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