Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Troy Tyson
1 Answer | Asked in Child Custody for Indiana on
Q: Can a parent in a situation where there is no court custody take a child away from other parent without kidnapping

My boyfriend's son's mother has taken their child to indiana after a protective order and temporary custody was granted. It expired in April this year. She has had several CPS investigations. How can we go about getting his son back to him and obtain custody? We live in illinois they live... Read more »

Troy Tyson
Troy Tyson answered on Sep 3, 2020

In Indiana, where there is no formal court order in place regarding custody, the mother has sole legal custody of the child and has authority to make decisions on their behalf. In order for your boyfriend to gain parenting time or decision-making rights, he will need to file a petition for custody... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: What rights does my child’s father have that will hinder/prevent my move to another state?

I wish to relocate back to my home state. The father and I are not in agreement about co-parenting nor does he support it. He has a stretch of absences in her life that confuses me as to why he is so resistant. The child does not know him and cries upon his presence. Any relationship established... Read more »

Troy Tyson
Troy Tyson answered on Sep 1, 2020

You will need to file a "notice of relocation" with the court. The father can object to the relocation and request a hearing. If that happens, the court will hold a hearing and make a determination based on what is in the best interests of your child. The court may consider a variety of... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: Question about homeschool with custody

In the state of Indiana I have sole physical and legal custody of my daughter my ex has visitation right we were never married and go by the Indiana visitation .. im looking at doing homeschooling instead of public schools do i need to get her permission to do this (she's not happy about the... Read more »

Troy Tyson
Troy Tyson answered on Aug 10, 2020

If you have sole legal custody you have the sole right to make decisions on major issues for your child - including aspects of her education.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My landlord did not have a walkout checklist and is trying to orally price and claim damages on whathe thinks is ok

Due to covid, I lost my job and had to end my lease early. We agreed he would keep my first, last, and deposit along with another month of rent to claim my "30 days notice". He agreed if all that was done he would end the lease and invoice me for damages.

Upon the final walk... Read more »

Troy Tyson
Troy Tyson answered on Aug 3, 2020

You will likely need to show up to court at the damages hearing, and tell your side of the story to the judge. Be sure to come armed with any documentation that you have which will support your position.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Indiana on
Q: My daughter, who has liver failure, has been staying with me for 1 1/2 mo. Now, her boyfriend is coming to stay.

He just got out of jail, and I don't know him from Adam. If things go terribly wrong and they get out of hand, how do I protect myself from them doing whatever they want here? My daughter stayed with me years ago and was physically abusive. When I went to throw her out- she told the cops she... Read more »

Troy Tyson
Troy Tyson answered on Jul 24, 2020

You may consider a protective order against the parties you are concerned about.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Indiana on
Q: Petition to establish custody and parenting time as to minor child born out of wedlock

Father of minor child has filed with the court a petition to establish custody and parenting time as to minor child born out of wedlock. DNA has been confirmed that he is not the biological father. Minor child is 19 months old. Petitioner has established paternity, minor childs biological father... Read more »

Troy Tyson
Troy Tyson answered on Jul 14, 2020

It is not clear from your information what question you are asking. Once a petition has been filed, the court will hold a hearing to make determinations on paternity, custody, and support. You will have a right to appear and present evidence and testimony regarding the issues that you discussed.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Indiana on
Q: My friends boyfriend just got picked up for misconduct with a minor will he still be able to be around his own children?

They have a one year old and are currently expecting another child. What happens if she doesn't leave him?

Troy Tyson
Troy Tyson answered on Jul 13, 2020

Matters like this are largely left to the discretion of the judge, and are based on the somewhat ambiguous standard of the "best interests of the child." Because of the potential complexity, it would be highly advisable to sit down with an experienced family law attorney, and discuss the... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: our baby was taken by cps. even tho i had family come get baby out of the hotel when arguments with her mom and i.this

was early morning hours. mom went out to her car. me and baby left hotel. check out time came and moms 13 yr old daughter was still there bc mom never came back for her. so staff called police and cps. they find some hyperdermic needles in a trash can and ib profin 600mg, not even a control... Read more »

Troy Tyson
Troy Tyson answered on Jul 9, 2020

There are a ton of variables that come into play in a situation like this. You really need to sit down with a lawyer and discuss your case in more detail.

1 Answer | Asked in Divorce and Family Law for Indiana on
Q: My ex-husband has been ordered to pay me $500/month but he hasn't paid at all. Can I seek an order of garnishment?

He doesn't show up for court so I don't know if he even knows that he's been ordered to pay me. I am trying to do this without a lawyer since it is so expensive and the money actually is owed to my daughter (for reimbursing tuition) and the legal fees would almost be as much as he... Read more »

Troy Tyson
Troy Tyson answered on Jul 8, 2020

You may be able to obtain this type of order from the court, but as you were advised by the judge, you'll need to do it properly, and you will need to be able to prove that your ex-husband was served. If your ex-husband has failed to comply with the provisions of prior orders, he could be held... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: My ex husband and i need to amend our divorce decree that was final in 2018. What form needs to be filled out in Indiana

I used to pay the mortgage and a credit card, but he has taken over payment of both and I need to get our decree amended to show this as I am looking to purchase a house and need it for underwriting purposes.

Troy Tyson
Troy Tyson answered on Jul 3, 2020

You can file a petition with the court for an agreed amendment to the original order. However, it would be highly advisable that you at least sit down with - if not retain - an experienced attorney to help you walk through this.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I be sued for not paying rent when landlord hasn't done repairs or replaced appliances?

4x finished basement (where master bedroom and bathroom are located) flooded and landlord didn't repair/replace drywall or flooring, I did. Told them it flooded and they didn't even offer to come clean up. I had to replace stove and fridge. Over year ago major plumbing leak and plumbers... Read more »

Troy Tyson
Troy Tyson answered on Jul 2, 2020

Yes, you can. Tenants in Indiana are required to pay regardless of whether or not the landlord is fulfilling obligations. What you can do, however, is sue the landlord for a breach of the lease agreement, and ask the court to award you back rent.

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.