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Questions Answered by Troy Tyson
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Can a divorce decree be altered years later when still dealing with minor children?
Troy Tyson
Troy Tyson answered on Nov 23, 2020

Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: I live in Hamilton county and if I file for child support does that include custody or is that another filing

I have been with the father of my children for 11 years, not married and we purchased a house 3 years ago with both of our names on it. He move out 2 mths ago and wants to take me to court for joint custody which I am assuming so he doesn't have to pay me child support. If I file for support,... Read more »

Troy Tyson
Troy Tyson answered on Nov 13, 2020

Most likely you would file for both custody and support, and the court would treat them as one. His chances of getting joint custody really depend on the specifics of your case. I would encourage you to speak directly with a family law attorney for a more detailed assessment.

I hope that helps.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Having a court order, who can put a child in school?

My boyfriend and his ex have a court order in place giving him joint legal custody and gives her full physical, within the order, he can use his parenting time by picking up the child Wednesday night and bringing her back Friday night. He got a call from the mother yesterday telling him that she... Read more »

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If the parties share legal custody, then that means that both parents are entitled to participate in making decisions on things like schooling. She is required to speak to him first on those issues and allow him input, and she cannot make those decisions unilaterally.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: How does make up time work in Indiana?

If the custodial parent accepts extra curricular activities for the child like birthday parties etc can the non custodial parent ask for those hours lost in make up time?

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If one parent has lost hours they were entitled to, most courts are very flexible in allowing the parent to make up those hours when they can. This is something you should try to work out with the other party rather than taking it to court. If you are talking about one instance of make-up time that... Read more »

1 Answer | Asked in Employment Law, Family Law and Child Custody for Indiana on
Q: My ex works second shift and as a result I exercise extended parenting time when he works. He now wants to make these ho

and he is asking to make up the hours he is missing as a result of his working. Can he do this?

Troy Tyson
Troy Tyson answered on Nov 3, 2020

Your question is broken up so it is not exactly clear what you are asking. However, if the two of you are exercising a different parenting time schedule than what was initially ordered, then you may want to consider requesting a modification from the court, to make the change official.

1 Answer | Asked in Child Custody for Indiana on
Q: I am the father of a child who lives in denver Colorado. I live in indiana. What state do u need to hire a lawyer in.

I want my child for half the year or even some of the year.

Troy Tyson
Troy Tyson answered on Nov 3, 2020

That depends on a variety of circumstances (e.g. is there a court order in place? Where does the mother reside? How long has the child been in CO?). However, based on the information you've provided, I would say it is a safer bet to seek out the assistance of a Colorado attorney for... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can my ex-wife keep me from seeing my kids all because she's upset with me and what can I do about it?

We have joint custody but she's the primary

Troy Tyson
Troy Tyson answered on Oct 29, 2020

She cannot see you from seeing your children if there is a court order that gives you the right to see them. If she is withholding them for an unjustified reason, you may want to consider taking her to court for contempt. You should speak with a family law attorney to get more information on your... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: I have a ten year old daughter and have custody. My ex just started a second shift job and as a result is not getting

His mid week visit. He wants to take it on my weekends. Doesn't first right of refusal apply? I keep getting hassled about it and am at the end of my rope. He was working first shift and got moved to second shift. He also does not keep a job longer than six months. I really need help. Thank you

Troy Tyson
Troy Tyson answered on Oct 29, 2020

He cannot force you to give up your weekends just because he started a new shift. The better way to handle this would be for him (or you) to request a modification of the custody order from the court, or for the two of you to simply work out an agreement to modify it on your own and then file that... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: Divorce is pending and he stopped paying everything and refused to leave can I legally make him leave

I filed for a divorce the beginning of oct and he still living here and has stopped paying everything he won’t pay any bills won’t help buying food nothing! He’s not physically abusive Is there a way I can make him leave until we go to court

Troy Tyson
Troy Tyson answered on Oct 29, 2020

Yes, you need to request what is called a "provisional order" from the court. This will allow you to have temporary orders put in place while the divorce is pending. You can ask the court to make him leave the house during that time. You should speak with an attorney, or contact your... Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Father was ordered to pay child support in 2016 and has never paid anything. Why isn’t the state keeping track of this?
Troy Tyson
Troy Tyson answered on Oct 29, 2020

They may be. If there was a court order in place, and child support was properly set up, then the state should be keeping track. However, you may need to contact them or initiate a court filing in order to hold the father responsible.

1 Answer | Asked in Family Law for Indiana on
Q: Is there a way to stop my sons fathers girlfriend from "third party interference"?

I am having some third party interference issues from my sons fathers girlfriend. We have joint legal custody, but cannot co parent well and I believe its because of her interference. She includes herself in things that should be me included in, as the mother. Recently I went to my sons fathers... Read more »

Troy Tyson
Troy Tyson answered on Oct 29, 2020

The girlfriend is not to be participating in this way, since you and the father have legal custody of your son. However, you may need to take it the matter to court to have that firmly established.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How do I break a lease on a tenant who signed a two year lease. I need it to end at the one year.

Was having a roof replaced on the home, needed to go inside with the contractor. Went inside and I was appalled, it was disgusting. And there was a dog that I told her she was not allowed, which is definately NOT trained. I had been in the home on several occasions and it had never been like that... Read more »

Troy Tyson
Troy Tyson answered on Oct 29, 2020

You can seek to evict them for not taking care of the property. They likely have an obligation to do so either under your lease, or under I.C. 32-31-7-5. If they have failed to do so that could be grounds for eviction, and would allow you to terminate the lease early.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How often do landlords have to paint house in indiana?

How often do landlords have to paint house in indiana? We are in this house for 6 years now and they don't want to paint waste money of money as they said

Troy Tyson
Troy Tyson answered on Oct 29, 2020

There is no set time frame, but the landlord has a duty to keep the house in good condition. See I.C. 32-31-8-5. Hope that helps.

1 Answer | Asked in Civil Litigation, Divorce, Child Custody and Child Support for Indiana on
Q: Hi I have an initial hearing scheduled for this wed 10/21 and have no representation for the hearing.

This is to set initial custody child support etc.

Troy Tyson
Troy Tyson answered on Oct 20, 2020

You should consider contacting one of the lawyers on Justia to see if you can set up a brief consultation to review your matter. Having representation for a case like this can be very helpful. If you cannot find an attorney by the time of tomorrow's hearing, you can ask the court for a... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If a woman who has 50/50 custody gets put in jail, are her rights taken away

She will be in jail for about 2 and a half years, and has split custody with the child's father. Father will be caring for the child full time while mother is in jail, wondering what happens after she gets out of jail/what her rights will be during the whole process

Troy Tyson
Troy Tyson answered on Sep 28, 2020

Not automatically. Either the father will need to file for a modification of custody, or DCS could intervene.

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.

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