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Questions Answered by Troy Tyson
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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