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Questions Answered by Troy Tyson
1 Answer | Asked in Divorce and Small Claims for Indiana on
Q: If my ex husband agreed in the divorce to take responsibility for our debt for apartment can they still come after me?

Me and my ex husband got evicted back in 2015 went to court they won, I haven't worked since the court ended in 2017 well they are trying to say I work which I don't but take me to court for money well at the time of mine and my ex husband court date he agreed to take full responsibility of the... Read more »

Troy Tyson
Troy Tyson answered on Apr 1, 2020

Yes, unfortunately, the apartment can still come after you for the debt that you signed on for with your husband, and any of your other creditors for the same type of situation can also come after you. While your divorce agreement is a court order and does make your ex-husband liable for the debts,... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: Does the judge have the right to tell you when you can get your kids in the court order says only every other week
Troy Tyson
Troy Tyson answered on Apr 1, 2020

Yes, the judge does have discretion to determine the best custody and parenting time arrangements for parents. In coming to their decision, the judge will look to what is in the best interests of the child.

1 Answer | Asked in Child Custody for Indiana on
Q: Can a joint custody parent withold child against agreement

My daughter has a ten year old son which she and the father share joint custody with the child switching between homes every other week set by a custody agreement. The stepmom stated last night that they were going to keep him until the corona virus has passed. Her reasoning is he is safer there.... Read more »

Troy Tyson
Troy Tyson answered on Mar 31, 2020

At this time things are changing day-by-day with the coronavirus issue, so your daughter will want to stay tuned to any updates from the Governor or other legal entities. However, for the time being, the guidance from the Governor and the courts is that all parenting time is to continue as-is,... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: I live in Indiana, under a stay home ban. Have 5050 custody of my son. Am I allowed to keep him with me till the ban is

5050 custody, and I'm In Charge of medical.

Troy Tyson
Troy Tyson answered on Mar 26, 2020

Right now the governor has issued a Stay-Home Order, but that order carves out an exception for parenting time exchanges. It appears that parenting time should go forward for most cases as-is, unless there is an immediate/emergency safety issue for the child.

1 Answer | Asked in Family Law for Indiana on
Q: During a pandemic does the child have to leave their house to stay with mom custodial parent

Should have been with non custodial parent

Troy Tyson
Troy Tyson answered on Mar 26, 2020

While you should take all precautions to protect your child and ensure their safety, courts will look to whether a parent's actions were reasonable in doing so. Please note that the recent Stay-Home Order issued by the Governor makes an exception for travel for the purposes of parenting time.

1 Answer | Asked in Child Custody for Indiana on
Q: I’m in Indiana and we have a stay home order in place how does visitation work for non custodial parent

No court ordered visitation father is threatening and telling daughter I am keeping my daughter from him

Troy Tyson
Troy Tyson answered on Mar 25, 2020

If you do not have a court order for a child born out-of-wedlock, then you as the mother have sole legal custody and can make decisions on your own about what is in the best interests of the child, including what parenting time should be allowed.

1 Answer | Asked in Child Custody for Indiana on
Q: Can my ex-wife legally keep my children away from me during this pandemic?
Troy Tyson
Troy Tyson answered on Mar 25, 2020

There still remain some questions as to how custody issues such as yours will be considered by the courts given the circumstances. However, for the time being - and assuming there are no other significant details (such as your child having a serious medical condition - then parenting time should... Read more »

1 Answer | Asked in Family Law and Health Care Law for Indiana on
Q: Can doctors prevent a married, father from being present at the hospital for his baby’s delivery?

Mother wants to father there but doctors are saying it may not be possible due to the coronavirus outbreak. Mother and father are not known to have come into contact with a virus and are not showing any symptoms or signs of having the virus

Troy Tyson
Troy Tyson answered on Mar 24, 2020

It is unclear how the law will apply to many of the unique situations arising from the COVID-19 outbreak, so at this point any opinion would largely be based on speculation. However, I think it is likely that courts would side with doctors/medical professionals who are taking all reasonable,... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: My son's mother says I can't pick my son up during this virus outbreak. No one is infected. Can I legally pick him up.

No one has the virus and I live alone. We have 50/50 custody and I am currently taking her to court and she is holding it against me. Would she be able to stope from picking him up at our designated time.

Troy Tyson
Troy Tyson answered on Mar 23, 2020

A lot of this is up in the air due to the COVID-19 issues, and it's not entirely clear how judges will rule on many of these cases. However, based on what you've stated, there seems to be no reason why you would not be able to pick up your child from the mother. If she continues to withhold you can... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord threaten you with eviction if you have a visitor who is a felon?

My grandma lives in an apartment complex for elderly people and her son will getting out of prison in a week and her property manager told her that if he is caught on the premises they will call the cops and have him arrested for trespassing are they allowed to do that?? He has been in prison for... Read more »

Troy Tyson
Troy Tyson answered on Mar 23, 2020

It depends largely on what is in the lease and what their basis is for blocking him. Landlords to have wide latitude to restrict people from their property if it is in the interest of safety.

1 Answer | Asked in Child Custody for Indiana on
Q: What’s the difference between guardianship and custody?
Troy Tyson
Troy Tyson answered on Mar 23, 2020

In very general terms, custody is typically more durable, expansive and permanent than a guardianship.

However, there can be exceptions to this, such as when a permanent guardianship of a minor is ordered.

Also, not all individuals who can be guardians would be eligible to have...
Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can I give me tenant a 30 day notice to vacate?

Hello. I have a rental property and have tenants that’s been living there for almost 3 years. Every year I have to call them several times and contact 5 different people to get them to send over the new lease agreement. Every other month I’m getting letters from waste management threatening to... Read more »

Troy Tyson
Troy Tyson answered on Mar 18, 2020

If your tenant is on a month-to-month lease then yes, you can terminate that lease by sending them a 30-day notice of termination. I would recommend sending it to them certified mail so that you have proof of acceptance. Once the 30 day period has passed their lease is terminated. However, you... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My daughters dad hasnt seen her in 3 months. Hes asking to see her for a few hours this weekend.

Is he legally aloud to keep her and not give her back since nothing is settled in court?

Troy Tyson
Troy Tyson answered on Mar 17, 2020

Under Indiana law, if a child was born out-of-wedlock and there is no court order governing custody, then you as the mother would have sole legal custody. This means that decisions regarding where your daughter stays would be up to you. So the father would be required to return her to you.... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: Non relative. What rights do I have?

Had child 2 years out of 3 years. Financial responsibility by me. Have insurance on her. No help financially.

Troy Tyson
Troy Tyson answered on Mar 16, 2020

You may want to consider establishing a guardianship over the child. You should speak with an experienced attorney to assist you with this process.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: A tenant wishes to move to an upgraded rental. Can thet agree to transfer the secuirty deposit to the new lease?
Troy Tyson
Troy Tyson answered on Mar 6, 2020

Certainly ... if the landlord agrees to it.

1 Answer | Asked in Child Custody for Indiana on
Q: I requested full costidy of my kids. Can dad not agree if he’s paying child support?

Can dad not agree on me getting full costidy?

Troy Tyson
Troy Tyson answered on Mar 3, 2020

Yes, the father can disagree with you having full custody whether he's paying child support or not. It is his right to contest is as a parent if he does not agree with it. However, if you have a hearing scheduled, you will be able to appear and present testimony and evidence as to why you believe... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: In what Indiana county should a couple file for divorce?

They are selling their house in Northern Indiana since he lost his job. She is moving back to Johnson county, he is moving to Marion county for a job. Where do they file for divorce?

Troy Tyson
Troy Tyson answered on Feb 27, 2020

At least one of the parties will need to have lived in the county of filing at least 3 months prior to the date of filing. Therefore, if they are both living in northern Indiana and have been for some time, they should file in their county there.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can a paternal grandmother be ordered custody at hearing when not a party to the case and mother was in hospital?

I notified the court and father morning of clerk told me they hadn't been up in front of Judge and what documents to bring in.

Troy Tyson
Troy Tyson answered on Feb 26, 2020

Your question leaves out a lot of important information so I cannot give a definitive answer to this. However, in general, yes a third party can be granted guardianship or custody in some circumstances.

1 Answer | Asked in Family Law for Indiana on
Q: My 17yr old was visiting his mother, we have 50/50 with me having custodial custody. Her house was raided and she was

Arrested for drugs. My son was at a friends house when this happened. CPS has taken my child, put in foster care pending investigation. This was done without my knowledge, consent, etc. In the report they filed with the court doesnt even mention that I'm in my child's life much less that I have... Read more »

Troy Tyson
Troy Tyson answered on Feb 24, 2020

I am sorry for your situation. This sounds like a complex matter and there are too many details missing in your question to be able to give you definitive answers. I would strongly urge you to sit down with an experienced family law attorney as soon as possible to discuss your case, and possible... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Is indiana a mothers state ?

I also need to know about if their breast fed when will fathers get child ?

Troy Tyson
Troy Tyson answered on Feb 24, 2020

In Indiana both parents are to have equal standing before a court when it is making determinations on child custody. The primary determining factor for custody decisions is what is in the best interests of the child.

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