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Questions Answered by Troy Tyson
2 Answers | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Chances of 50/50 custody?

I want 50/50 legal and physical custody of my 13 month old daughter. My only child. Her mom has 3 subsequent children all by different men that dont pay support. Ive been in my daughters life since she was born despite her moms efforts to keep me out of her life. I hired a lawyer and took her to... Read more »

Troy Tyson
Troy Tyson answered on Feb 11, 2020

This is something you should definitely be discussing with your attorney, that's what you are paying them for. In general true 50/50 physical custody is fairly tough to get, particularly if the other party objects and considering the age of the child. There is nothing wrong with you trying, as long... Read more »

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1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I live in indiana and rent from a property manager. Can they raise my rent and charge me for maintenance
Troy Tyson
Troy Tyson answered on Feb 4, 2020

It largely depends on what is stated in your lease. Review that carefully.

1 Answer | Asked in Family Law for Indiana on
Q: If a man is on the birth certificate and pays support but lives in another state how does visitation work

He is from Puerto Rico and moved here for work, the daughter lives in Puerto Rico but he is on the birth certificate and pays child support

Troy Tyson
Troy Tyson answered on Jan 28, 2020

You would need to consult the laws in Puerto Rico for a definite answer on this, as Indiana laws would not apply there.

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: My ex and I share joint legal & physical custody of our daughter. Whose address is her legal address?

Our divorce decree does not state whose address is her legal address. My address is used for health insurance as I carry it and her dad's address is used for school. She will be getting her license soon and we are not sure what address should be used.

Troy Tyson
Troy Tyson answered on Jan 20, 2020

You should consider modifying the decree to explicitly state the Child's formal address. This could continue to cause problems down the line.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: How long does my landlord have to fix a pest infestation in my ceiling? Can I break lease if not fixed

This has been going on for over a month. They say it's fixed and critters still up there scratching. My daughter is scared to be here at night from the noise. I'm about to move out and pay the fee for a buy out but dont feel I should have to due to reason for moving.

Troy Tyson
Troy Tyson answered on Jan 20, 2020

There really is no fixed time, it depends on the situation. Generally, 14-30 days will be given as the benchmark. You need to make sure that you document all of your efforts to communicate the issue to the landlord, as well as their efforts to correct the problem. You should also seriously consider... Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Son is 18 in school and has joined the us national guards.

Son is 18 has joined the national guards. He has done his basic training over the summer and now goes once a month over the weekend and gets paid from them, do I still have to pay on him till he is 19....

Troy Tyson
Troy Tyson answered on Jan 18, 2020

You can petition the court and ask them to find that your child is emancipated (and therefore have your support obligation terminated). However, given the facts you've put forward, you may have an uphill battle on this one.

1 Answer | Asked in Child Custody and Child Support for Indiana on
Q: Is it possible to waive child support with 50/50 custody

Or is it possible for the parent that has custody to waive child support

Troy Tyson
Troy Tyson answered on Jan 16, 2020

The parties may sometimes waive a child support obligation, if both parties are in agreement on that. However, it would need to be approved by the judge.

1 Answer | Asked in Criminal Law for Indiana on
Q: What's the cost for a modification from community corrections

April 4th will be one yr since I've been placed on home detention and have 1 yr left but my case is modifiable.

Troy Tyson
Troy Tyson answered on Jan 13, 2020

It will depend on the case and your attorney. You should speak with one or more experienced criminal attorneys to get a reasonable price range.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: my boyfriend would like to get custody of his daughter. she is 10. the mother signed her rights away to her parents.

when the court date took place before, they did not tell him when it was so he could not appear to get a say at all. for 5 years he was left with no contact or visitation.

Troy Tyson
Troy Tyson answered on Jan 11, 2020

If your boyfriend can prove that he was never properly served or notified he may have some recourse. Speak with an experienced family law attorney ASAP to see what your options are.

1 Answer | Asked in Child Custody for Indiana on
Q: Do I have full custody of my son if his mother lost custody due to failed drug tests during her neglect case or no?

My son's mother was charged with neglect after the police kicked her door in and arrested her boyfriend for drugs. She was arrested the same night for neglect. She has failed 2 drug tests for Meth since then and the last resulted in the loss of her kids for 90 days. I now have my son and her mother... Read more »

Troy Tyson
Troy Tyson answered on Jan 9, 2020

Your question leaves out several important details that make it difficult to give a comprehensive answer (for instance, was there already a custody order in place? If so, what did it say? Is DCS involved?). In general, however, merely having the children placed with you due to the mother's neglect... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: what forms can pro se respondent file in custody case after answer has been filed before the contested hearing is held.

I have filed the answer and opposition for myself. There has not been any type of fact finding forms filed nor has there been any mediation.

Troy Tyson
Troy Tyson answered on Jan 7, 2020

You can file just about any motion or form that an attorney can. However, that does not mean it is in your best interest to do so. You should seriously consider sitting down with an experienced attorney to help you with this matter.

2 Answers | Asked in Criminal Law and Traffic Tickets for Indiana on
Q: Can I email the judge about an inmate and plead for a bail to be set? Im trying to keep his job safe

He is currently serving for a driving on suspended and missed his first hearing. He helps care for my sons and works with me and I would accept full responsibility for any future court dates/fines he may face.

Troy Tyson
Troy Tyson answered on Jan 2, 2020

Generally such communications with a judge are prohibited, you are not this person's attorney and those types of communications should either be coming from his public defender, private attorney, or from the defendant himself, in the form of a motion. That being said, some courts are more lenient... Read more »

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1 Answer | Asked in Child Custody for Indiana on
Q: Me and my wife want to get custody of my little brother he is 14. He wants to live with us. Can we get custody of him?

He is unhappy at home.

Troy Tyson
Troy Tyson answered on Jan 2, 2020

It is possible, but whether a judge would grant you custody (or a guardianship) would be based on the "best interests of the child," and would depend on a whole range of factors which are too difficult to go over in a question-and-answer format such as this. You should definitely consider sitting... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Do be I need a child/family lawyer to get legal rights to my children

I need help I'm in Lafayette Indiana and my 2 children are in Jamestown Tennessee and I am trying to get legal rights to my children.

Troy Tyson
Troy Tyson answered on Dec 31, 2019

Your questions leaves out a lot of important details regarding your situation, but yes, in general, you should certainly seek the assistance of an experienced family law attorney to help you with this situation.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: Where can I find in the guidelines or law about child support for split custody?

We do not have joint custody. I have custody of the oldest, my ex has custody of the two younger. Where in the guidelines does it address split custody child support?

Troy Tyson
Troy Tyson answered on Dec 24, 2019

Your situation would be addressed directly by the Indiana Child Support Calculator, which takes into account any additional child support obligations of either party. Hope that helps.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: a judgement of how much I owe My landlord I have a hearing for discussion of finances Do I have to appear
Troy Tyson
Troy Tyson answered on Dec 23, 2019

Yes, this is called a "damages hearing" and you are required to appear. You will have the opportunity to dispute any charges the landlord is claiming. In many courts, the parties are allowed to speak in advance of the hearing to sort out any disputes. If you do not appear, the judge may award the... Read more »

1 Answer | Asked in Adoption and Family Law for Indiana on
Q: Do I need a lawyer for my husband to adopt my daughter?

My husband of 9 years wants to adopts my daughter. Her biological dad hasn’t been involved since day 1. she’s 14 , he’s never paid child support and no order in place for it. They’ve never even met, except once when she was first born. He’s not listed on the birth certificate. Do I need... Read more »

Troy Tyson
Troy Tyson answered on Dec 20, 2019

Even in a situation like this, where it appears you have a lot of points going in your favor, the adoption process can still be quite complex. You would be well served to at least speak with an experienced attorney to get a thorough review of your case.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Is there anything that can be done if the father of a child keeps calling child protective services making false accusa

Almost weekly he is doin this and every time it's substantiated. But DCS protocol is to investigate every report that comes through. So they said unfortunately they have to do their part each time

Troy Tyson
Troy Tyson answered on Dec 20, 2019

I think you meant that every time it's "unsubstantiated," meaning no basis was found for the charges. This is, unfortunately, something that happens from time to time. What DCS told you is generally correct, that they have a duty to investigate the charges that are lodged with them.

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Indiana on
Q: What exactly is a Motion for Rule to Show Cause? I asked the Court to hold my soon to be ex-wife in Contempt of Court

My soon to be ex-wife wife was ordered by the Judge over the PO Hearing to return my personal property that she was refusing to return. Her parents were to drop it off at the end of my parents driveway and they did not do it. I wrote a letter to the Judge requesting that he hold them in Contempt of... Read more »

Troy Tyson
Troy Tyson answered on Dec 20, 2019

There's not enough information in your question to say for sure what the document pertains to, but in general, a Motion for Rule to Show Cause is what is filed when one party is requesting that the court find another party in contempt for violation of an order. So, it could be that the court... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: The custodial parent has moved 8 times, our child is 6 now, this is getting out of hand. What should I do

We have a custody agreement settled in court, it does not limit moving but 8 different times since our child has been born, and I found out recently is about to move again, took her out of her school to now homeschool. Something seems very off about all of this. It's my understanding I have 14 days... Read more »

Troy Tyson
Troy Tyson answered on Dec 19, 2019

A moving parent is required to file a notice of any relocation with the court, and also notify the other parent (I.C. 31-17-2.2). The non-moving parent then has the right to challenge the move or request a change of custody. If you believe that this pending move is not in the child's best interest,... Read more »

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