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Questions Answered by Troy Tyson
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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Could there be repercussions for forgoing make up parenting time? Do I have to have a reason to forgo?

I offered custodial parent an opportunity for additional parenting time, which was accepted. I don’t have an acceptable time in which to schedule the make up time, so I am opting to forgo the two days I lost.

Troy Tyson
Troy Tyson answered on May 6, 2021

If it happens just one time, you're fine. You don't want it to become a pattern, though, because the custodial parent could try to use that behavior against you to suggest you are not interested in using all of your parenting time.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My daughter's father and girlfriend are denying me of getting and spending time with my daughter we haven't been to cour

I have video proof of my daughter's father and his girlfriend being high while they have my daughter letting another kid hit my daughter out of anger my daughter's father coming at me rude and defensive in front of the kids

Troy Tyson
Troy Tyson answered on Apr 15, 2021

You can consider filing an action for contempt and possibly a modification of custody. It would be a good idea to sit down with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I may be moving interstate with 9m left on lease. Landlord said I have to pay the whole 9m on leaving. Is that legal?

So I may have to pay $7,450 on leaving? What happens if they lease it out in 1 month?

Troy Tyson
Troy Tyson answered on Apr 6, 2021

Technically, yes. However, in practice, most judges will require a landlord to show good faith in marketing and reletting the property to a new tenant, and generally a landlord is given 2-3 months for this purpose (some exceptions permitted for exceptional circumstances). Courts will usually... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: In Indiana if you have 9 months left on lease then evicted, do u still have to pay the remaining 9 months after eviction
Troy Tyson
Troy Tyson answered on Mar 17, 2021

In theory yes. However, after you leave the unit, the landlord has a duty to make a good faith effort to find another suitable tenant, and most judges will allow landlords 2-3 months to do this. Judges will usually be hesitant to find the tenant liable for anything more than that, under the... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can an Ex spouse make me or my bF produce text messages between him and I to use in contested custody Indiana Case?

We have been dating a year, they have been divorced 7 years and my presence has caused a heated court battle that I keep getting dragged into. I do not want my personal messages between us in court or her hands. Can I fight this as I am not a party in their custody battle.

Troy Tyson
Troy Tyson answered on Mar 11, 2021

That really depends on the specific facts of the situation and what evidentiary objections you may be able to present. This can be a complex issue, and you should seriously consider sitting down with an experienced family law attorney to go over your options.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: If i get divorced from my childerns father can i take the kids out state with me to my parents house.
Troy Tyson
Troy Tyson answered on Feb 24, 2021

That will largely depend on the orders issued in your case. You should speak 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: If I’m the legal parent can I transfer a current guardianship to another person; a different guardian?

I’m currently trying to see if I can transfer guardianship of my daughter from her current guardian to my mother (her grandmother) and make her the legal guardian. Her current guardian has moved her out of state without my knowledge.

Troy Tyson
Troy Tyson answered on Feb 10, 2021

Your mother can file a petition to substitute or transfer the guardianship. The court will make a decision based on what it perceives to be in the child's best interests.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Can my x have his gf around my daugher

They will not tell me her name. And my x went against my wishes when I asked him to not have his gf around our toddler till I met her and was comfortable with it

Troy Tyson
Troy Tyson answered on Feb 10, 2021

That will largely depend on the girlfriend's background, and also whether you have a formal custody order in place (and what it says). You should speak with a family law attorney to discuss your case in more detail.

1 Answer | Asked in Landlord - Tenant and Small Claims for Indiana on
Q: Can landlord sell the home after I have been renting for 19.5 yrs, lease isn't up and new people r sueing and evicting

Us what can we ask our lawyer to due, I don't believe paying for move and deposit, is enough after us loosing our home after 19.5 yrs, and during this pandemic and winter

Troy Tyson
Troy Tyson answered on Feb 10, 2021

Your landlord would not be prevented from selling the property to another owner. However, whether the new owners are justified in filing an eviction against you would depend on if you have violated a term of the lease or one of the tenant obligations called for under Indiana law.

1 Answer | Asked in Small Claims for Indiana on
Q: Can I be sued for an old debt to a person in IN? I dispute the debt amt but had made small payments to them over yrs.

Debt was for boarding livestock. Land owner stopped paying me for farm labor so I stopped paying the board bill. Debt is from over 13 yrs ago. I dispute the debt and amt due to their handling of money owed to me for work done. I had been making small automated bill-pay paymentsover the years... Read more »

Troy Tyson
Troy Tyson answered on Feb 10, 2021

If they do sue, your argument for the 10-year limit would appear to be a strong defense.

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