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Questions Answered by Troy Tyson
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... View 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... View 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... View 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... View 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

Troy Tyson
Troy Tyson
answered on Sep 21, 2021

The court clerk for your relevant county should be able to provide you with the requisite forms. However, the adoption process can be fairly complex, and therefore it might be a good idea to sit down with an experienced attorney and/or seek representation for your case.

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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... View 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... View 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... View More

1 Answer | Asked in Elder Law and Family Law for Indiana on
Q: Hi my husband is only child His mother given poa to nephew She has dementia They trying to put her in home

They are trying to put her in nursing home without notifying my husband.

Also they are trying to take her money out back

And sell her property. They are trying to keep it hush. Can they put her in home without his consent. Again he is only child.

Because while she was in... View More

Troy Tyson
Troy Tyson
answered on Sep 14, 2021

Unfortunately your question is not clearly enough posed to give any type of substantive answer. It might be a good idea to sit down with an experience probate or family attorney, to discuss your case in detail and get the answers you are looking for.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: I was served with court papers from my ex boyfriend for paternity/custody. I’m not pregnant what do I do?
Troy Tyson
Troy Tyson
answered on Sep 2, 2021

You may consider filing a counterclaim or challenging his paternity in court. However, your question does not provide many specifics so it is difficult to say. You might seriously consider sitting down with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: My ex is dating a child predator, I have asked that he not be allowed around my daughter, this wish has not been done.

How do I get him to stay away from my daughter

Troy Tyson
Troy Tyson
answered on Aug 3, 2021

You may need to consider filing a petition with the court to modify parenting time or otherwise restrict this person's access to your children. You should consider speaking with an experienced family law attorney about your case.

1 Answer | Asked in Family Law for Indiana on
Q: Just found out old girlfriend had a child which may or may not be mine. She refuses to get paternity test with me.

What are my options? Do I lose custody rights after 60 days if I wait for a test.

Troy Tyson
Troy Tyson
answered on Jul 27, 2021

You can file a petition for paternity, and ask the court to order a DNA test. You should consider speaking with an experienced family law attorney to guide you through this process.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Are overnights allowed on court ordered supervised visits?

Grandma does the supervising

Troy Tyson
Troy Tyson
answered on Jun 28, 2021

That's not the norm but it will depend on what is stated in your court order. Consult the order for that and you may also want to consider speaking with an experienced family law attorney to get clarity on this and other issues.

1 Answer | Asked in Family Law for Indiana on
Q: My ex wife moved with my daughter without notifying me. They are in the same town. What can I do?

I have joint custody.

Troy Tyson
Troy Tyson
answered on Jun 24, 2021

A party is not required to file notice of relocation with the court if the move will result in a distance of less than 20 miles from the other parent. However, your ex-wife should still provide you with that information if you share custody of your child. You should speak with an experienced family... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My daughter dropped her two kids off said she can't take care of them what are my options?

One is 3 one will be a year in two days and has down syndrome

Troy Tyson
Troy Tyson
answered on Jun 21, 2021

If you are willing and able to take care of the children, then a guardianship may be a good option for you. You should speak with an experienced attorney to discuss details about how to undertake that.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: how can i find a low cost lawyer,

my sons father has custody, he has been living with his grandmother and i just found out that his dad has moved back in his grandmas and he and his wife are on meth and i have messages from his wife stating the drug use, the fact they do not have jobs and that they had to move back into the... View More

Troy Tyson
Troy Tyson
answered on Jun 17, 2021

You'll want to look into legal aid or pro bono organizations in your area. Most cities/counties have at least one such organization, and if you qualify, you should be able to find competent attorneys willing to help you with your case. Hope that helps.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Unmarried couple with 2 kids. House and vehicles only in my name. Can she take one vehicle and I'll pay for it?

If she takes one vehicle, does that subtract from child support or do I pay for it still plus all of the child support?

Troy Tyson
Troy Tyson
answered on Jun 4, 2021

Unmarried couples who are trying to split property face different challenges than those going through a divorce. You should speak with an attorney who can look at your situation in more detail and lay out a path forward.

1 Answer | Asked in Family Law for Indiana on
Q: Do I still need to establish paternity?

I am wanting to get full custody of my son. He was born in Kansas when I was with his mom and we all moved here a few months later. I was not married to his mom but I am on the birth certificate. Do I still need to establish paternity?

Troy Tyson
Troy Tyson
answered on Jun 2, 2021

That will largely depend on the laws of Kansas, so you may want to consider speaking with a good family law attorney there. However, in Indiana, the signing of a paternity affidavit (which would have been required in order for you to appear on the birth certificate) would be good enough to... View More

1 Answer | Asked in Family Law for Indiana on
Q: Do parenting visits start before mediation or does a set schedule have to be put in place.

Baby's father gets 3 visits a week for 3 hours. We haven't gone to mediation to establish set days and times. Do I have to let him see her before mediation or is it only after days and times have been formally established is he allowed to see her.

Troy Tyson
Troy Tyson
answered on May 11, 2021

If you have had a preliminary hearing, or have any other court order in place outlining father's parenting time, then you must follow those terms. You should consider speaking with an experienced family law attorney before making any major decisions on your case.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: I need help with last will and testament conditions and rights.

Beneficiary legal rights. And someone contesting the will.

Troy Tyson
Troy Tyson
answered on May 10, 2021

You can use the Justia Lawyer Directory to find an experienced attorney to help you with your case.

https://www.justia.com/lawyers

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: I have a support order in Indiana but ex lives in new state of Georgia, how do I know which state she filed in?

I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... View More

Troy Tyson
Troy Tyson
answered on May 6, 2021

If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to... View More

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