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Questions Answered by Troy Tyson
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: How do you present text message evidence so it's admissible in court?

Myex filed a protection order as part of divorce dissolution. 14 pictures of sunburn entered as evidence. Have the texts stating I put sunscreen on the kids several times. Just want to show that to the judge. Also is sunburn really enough to keep an active father from his children for almost a... Read more »

Troy Tyson
Troy Tyson answered on Jun 29, 2020

If the text messages are communications between the parties to the case, you should be able to admit them with little trouble.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My (current) husband and I are in the process of building a house, the mortgage loan is in his name...

However, the property is in both of our names. Infidelity on his part has caused me to research my potential options going forward and I would like to discuss my legal options. We have two innocent children involved in this mess as well. We live with his parents in one county (the same one we were... Read more »

Troy Tyson
Troy Tyson answered on Jun 19, 2020

The issues you raise are complex ones, and detailed answers would require a more in-depth review of your situation. It is possible, once a divorce is filed, to get through the process amicably and with little effect on the children. However, that largely depends on the respective postures of you... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I was supposed to be Added to a lease but the rental property never sent me the paperwork can they kick me out

They were supposed to send me paperwork by email however they never did they took the time to meet my dog so they knew I was staying there as well as it had a pet but the money for my deposit on the dog and for adding me to the lease just sat untouched in the account my roommate and I are not... Read more »

Troy Tyson
Troy Tyson answered on Jun 19, 2020

If you have proof that they agreed to add you to the lease (e.g. e-mails stating this, or something along those lines) you may be able to prove in court that you had an agreement and should be able to stay.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Indiana on
Q: What is it called when a parent lies to the other parent about the child being in an emergency room? And what can i do ?
Troy Tyson
Troy Tyson answered on Jun 18, 2020

Assuming you share custody with the other parent, you have a right to know about medical emergencies pertaining to your child. If the party is regularly withholding information from you, you can consider filing an action for contempt against them.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My ex and I split up and we have two kids. What’s the process of being able to kick her out of my home?

The loan is only in my name, she’s lived here for 3 years

Troy Tyson
Troy Tyson answered on Jun 15, 2020

If she was your girlfriend (and not your wife), then in theory she has no right to stay there beyond your permission, and she must leave when you notify her. However, in practice, a court may find that because she has lived there for a long time and established a residence, she may be under a... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can a non-custodial parent keep/refuse to give child back to custodial parent?
Troy Tyson
Troy Tyson answered on Jun 10, 2020

Generally, the answer is no. The exception would be where the is a TRUE emergency or the child's health or safety is at immediate risk. However, courts set the bar high on this and will generally look with skepticism at any party's attempts to withhold a child, so the situation needs to... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord evict for calling them names, loud music, or your dog getting loose?

My kids left door open and dog has gotten loose multiple times. When landlord confronted my husband he cussed them out. They also said we play music too loud even though the sheriff said it wasnt too loud when he was called

Troy Tyson
Troy Tyson answered on Jun 4, 2020

This would largely depend on what is stated in your lease. It is possible that your lease could contain "nuisance" provisions, which would prohibit things like letting pets out, playing loud music, disturbing neighbors, etc. If so then it is possible your landlord could try to evict on... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: Hi i pay child support it is up to date and i can see my children

What is my next step because i only get to see my kid on birthdays and when she allows me to come

Troy Tyson
Troy Tyson answered on May 27, 2020

If you have an order for custody, then you are entitled to see your children when it says you can. If you do NOT have an order for custody, you should request one from the court immediately.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I am breastfeeding, rent is paid on time, can I be evicted
Troy Tyson
Troy Tyson answered on May 21, 2020

As long as you are paying your rent on time and adhering to the other stipulations of the lease, I see no basis for eviction.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: How can i get legal aide in a divorce/ custody case with no income?
Troy Tyson
Troy Tyson answered on May 20, 2020

You should consider speaking with Indiana Legal Services (https://www.indianalegalservices.org/) or the Indianapolis Bar Pro Bono Program (https://www.indybar.org/). If you live in a county other than Marion, then contact your local court and see if they can provide you with information on local... Read more »

2 Answers | Asked in Divorce and Child Support for Indiana on
Q: I'm completely unfamiliar with divorce proceedings/steps. We have one minor child and fairly substantial assets

(home, recreational property, 401Ks, etc.). Minor child just turned 17 years old. I need to start the divorce process. How should I proceed/what do I do? Covid 19 protocol for face to face meetings with a lawyer? I never thought it would come to this.

Troy Tyson
Troy Tyson answered on May 19, 2020

I am sorry to hear about your situation. The divorce process begins with the filing of a petition with the court, and the issuance of a summons to the other party. However, because there are substantial assets involved, and this process can be quite complex, I would strongly recommend that you sit... Read more »

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2 Answers | Asked in Child Custody for Indiana on
Q: My ex wife got charged with her 2nd OWI with our child in the car. Can I get custody of our child?
Troy Tyson
Troy Tyson answered on May 18, 2020

Child custody determinations are made based on what is in the best interests of the child; however, there are no hard and fast rules as to what would lead to a modification, as much of that is in the discretion of the judge. Based on the circumstances you've described, though, it is clear that... Read more »

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1 Answer | Asked in Child Custody for Indiana on
Q: What do I do if I filed for support already, but now want to make a personal agreement with father?

already have pending court date. My paperwork has already been turned in to support office. He filed for joint physical custody immediately after to try to avoid paying support

Troy Tyson
Troy Tyson answered on May 11, 2020

You and the father can write up your agreement and submit it to the court (check with the court clerk to see if they have templates you can use). If the agreement meets with the court's approval, the judge will sign off on it and make it an order. However, you may want to consider seeking the... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: How long is the process to terminate a guardianship

Guardianship was established without (me the mother) or his father knowing and we gave no consent whatsoever.

Troy Tyson
Troy Tyson answered on May 7, 2020

It really depends on several factors, but generally, if the guardian contests the termination, you're probably looking at 3-6 months.

1 Answer | Asked in Family Law for Indiana on
Q: If me and my son mother don't live together and she gets him taking by the state would I have the right to get him

The courts noted that I was not the reason he was taking from his mother instead of placing him in my care they placed him with her mother and step father.

Troy Tyson
Troy Tyson answered on May 6, 2020

It would depend on whether the court ordered you to have regular visitations with the child.

1 Answer | Asked in Divorce for Indiana on
Q: I am the petitioner while filling for an uncontested divorce. Do I use my maiden name or my husbands' last name?

I am unsure how to properly fill out several sections of the documents required, such as the summons and divorce decree section. I would love some assistance so that it is done properly before I submit it to my county courthouse.

Troy Tyson
Troy Tyson answered on Apr 30, 2020

You need to use whatever your legal last name is at this time. Also, I would highly recommend that you seek assistance from an experienced divorce attorney. While the courts do allow parties to go through this process without representation, generally this is not DIY territory.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What are my rights concerning my ex living with her parents with whom I'm not comfortable?

Do I have any legal right to say who my kids are around or living with? I have joint custody of my kids and I still have them every other weekend.

Troy Tyson
Troy Tyson answered on Apr 27, 2020

It depends. If the parents have significant issues (history of abuse, etc.), then you may be able to file against the mom to either give you primary custody or ask the judge for an order restricting the children from being around them.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Mr. Tyson, how much would this and a support judgment cost him? In re: to My sons girlfriend leaving.
Troy Tyson
Troy Tyson answered on Apr 25, 2020

Hello, please give my office a call at (317) 514-2681 and I would be happy to walk you through this.

Thank you,

Troy

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: My sons girlfriend moved everything out and left with both kids. Without telling him where they were staying.

She then told him that the place she moved into was not fit to live in. So she told him if he moves out of his apartment and pays for the rent he will at least know where his kids are. She now lives in his apartment he pays the rent and anything the kids need and want. He is afraid of losing his... Read more »

Troy Tyson
Troy Tyson answered on Apr 24, 2020

If he does not have a custody order in place he should definitely seek one out immediately. That it the only thing that would give him enforceable parenting time with the children. Without that, there is little to stop the mother from leaving again with the children.

1 Answer | Asked in Family Law for Indiana on
Q: What does motion to strike mean on mycase.org?

My boyfriend has a modification hearing on June 5th and they filed a modification of strike. What does that mean? Are you able to call me and discuss more ?

Troy Tyson
Troy Tyson answered on Apr 23, 2020

If the opposing party filed a motion to strike, it usually means that something was filed on the case (such as a document, letter, motion, etc.), that they are asking the court to remove from the record.

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