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Questions Answered by Troy Tyson
1 Answer | Asked in Landlord - Tenant for Indiana on
Q: If I was supposed to be Added to a lease but the rental property never sent me the paperwork can they kick me out

They were supposed to send me paperwork by email however they never did they took the time to meet my dog so they knew I was staying there as well as it had a pet but the money for my deposit on the dog and for adding me to the lease just sat untouched in the account my roommate and I are not... View More

Troy Tyson
Troy Tyson
answered on Jun 19, 2020

If you have proof that they agreed to add you to the lease (e.g. e-mails stating this, or something along those lines) you may be able to prove in court that you had an agreement and should be able to stay.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Indiana on
Q: What is it called when a parent lies to the other parent about the child being in an emergency room? And what can i do ?
Troy Tyson
Troy Tyson
answered on Jun 18, 2020

Assuming you share custody with the other parent, you have a right to know about medical emergencies pertaining to your child. If the party is regularly withholding information from you, you can consider filing an action for contempt against them.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: My ex and I split up and we have two kids. What’s the process of being able to kick her out of my home?

The loan is only in my name, she’s lived here for 3 years

Troy Tyson
Troy Tyson
answered on Jun 15, 2020

If she was your girlfriend (and not your wife), then in theory she has no right to stay there beyond your permission, and she must leave when you notify her. However, in practice, a court may find that because she has lived there for a long time and established a residence, she may be under a... View More

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: Can a landlord evict for calling them names, loud music, or your dog getting loose?

My kids left door open and dog has gotten loose multiple times. When landlord confronted my husband he cussed them out. They also said we play music too loud even though the sheriff said it wasnt too loud when he was called

Troy Tyson
Troy Tyson
answered on Jun 4, 2020

This would largely depend on what is stated in your lease. It is possible that your lease could contain "nuisance" provisions, which would prohibit things like letting pets out, playing loud music, disturbing neighbors, etc. If so then it is possible your landlord could try to evict on... View More

1 Answer | Asked in Family Law for Indiana on
Q: Hi i pay child support it is up to date and i can see my children

What is my next step because i only get to see my kid on birthdays and when she allows me to come

Troy Tyson
Troy Tyson
answered on May 27, 2020

If you have an order for custody, then you are entitled to see your children when it says you can. If you do NOT have an order for custody, you should request one from the court immediately.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: I am breastfeeding, rent is paid on time, can I be evicted
Troy Tyson
Troy Tyson
answered on May 21, 2020

As long as you are paying your rent on time and adhering to the other stipulations of the lease, I see no basis for eviction.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: How can i get legal aide in a divorce/ custody case with no income?
Troy Tyson
Troy Tyson
answered on May 20, 2020

You should consider speaking with Indiana Legal Services (https://www.indianalegalservices.org/) or the Indianapolis Bar Pro Bono Program (https://www.indybar.org/). If you live in a county other than Marion, then contact your local court and see if they can provide you with information on local... View More

2 Answers | Asked in Divorce and Child Support for Indiana on
Q: I'm completely unfamiliar with divorce proceedings/steps. We have one minor child and fairly substantial assets

(home, recreational property, 401Ks, etc.). Minor child just turned 17 years old. I need to start the divorce process. How should I proceed/what do I do? Covid 19 protocol for face to face meetings with a lawyer? I never thought it would come to this.

Troy Tyson
Troy Tyson
answered on May 19, 2020

I am sorry to hear about your situation. The divorce process begins with the filing of a petition with the court, and the issuance of a summons to the other party. However, because there are substantial assets involved, and this process can be quite complex, I would strongly recommend that you sit... View More

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2 Answers | Asked in Child Custody for Indiana on
Q: My ex wife got charged with her 2nd OWI with our child in the car. Can I get custody of our child?
Troy Tyson
Troy Tyson
answered on May 18, 2020

Child custody determinations are made based on what is in the best interests of the child; however, there are no hard and fast rules as to what would lead to a modification, as much of that is in the discretion of the judge. Based on the circumstances you've described, though, it is clear that... View More

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1 Answer | Asked in Child Custody for Indiana on
Q: What do I do if I filed for support already, but now want to make a personal agreement with father?

already have pending court date. My paperwork has already been turned in to support office. He filed for joint physical custody immediately after to try to avoid paying support

Troy Tyson
Troy Tyson
answered on May 11, 2020

You and the father can write up your agreement and submit it to the court (check with the court clerk to see if they have templates you can use). If the agreement meets with the court's approval, the judge will sign off on it and make it an order. However, you may want to consider seeking the... View More

1 Answer | Asked in Family Law for Indiana on
Q: How long is the process to terminate a guardianship

Guardianship was established without (me the mother) or his father knowing and we gave no consent whatsoever.

Troy Tyson
Troy Tyson
answered on May 7, 2020

It really depends on several factors, but generally, if the guardian contests the termination, you're probably looking at 3-6 months.

1 Answer | Asked in Family Law for Indiana on
Q: If me and my son mother don't live together and she gets him taking by the state would I have the right to get him

The courts noted that I was not the reason he was taking from his mother instead of placing him in my care they placed him with her mother and step father.

Troy Tyson
Troy Tyson
answered on May 6, 2020

It would depend on whether the court ordered you to have regular visitations with the child.

1 Answer | Asked in Divorce for Indiana on
Q: I am the petitioner while filling for an uncontested divorce. Do I use my maiden name or my husbands' last name?

I am unsure how to properly fill out several sections of the documents required, such as the summons and divorce decree section. I would love some assistance so that it is done properly before I submit it to my county courthouse.

Troy Tyson
Troy Tyson
answered on Apr 30, 2020

You need to use whatever your legal last name is at this time. Also, I would highly recommend that you seek assistance from an experienced divorce attorney. While the courts do allow parties to go through this process without representation, generally this is not DIY territory.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What are my rights concerning my ex living with her parents with whom I'm not comfortable?

Do I have any legal right to say who my kids are around or living with? I have joint custody of my kids and I still have them every other weekend.

Troy Tyson
Troy Tyson
answered on Apr 27, 2020

It depends. If the parents have significant issues (history of abuse, etc.), then you may be able to file against the mom to either give you primary custody or ask the judge for an order restricting the children from being around them.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Mr. Tyson, how much would this and a support judgment cost him? In re: to My sons girlfriend leaving.
Troy Tyson
Troy Tyson
answered on Apr 25, 2020

Hello, please give my office a call at (317) 514-2681 and I would be happy to walk you through this.

Thank you,

Troy

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: My sons girlfriend moved everything out and left with both kids. Without telling him where they were staying.

She then told him that the place she moved into was not fit to live in. So she told him if he moves out of his apartment and pays for the rent he will at least know where his kids are. She now lives in his apartment he pays the rent and anything the kids need and want. He is afraid of losing his... View More

Troy Tyson
Troy Tyson
answered on Apr 24, 2020

If he does not have a custody order in place he should definitely seek one out immediately. That it the only thing that would give him enforceable parenting time with the children. Without that, there is little to stop the mother from leaving again with the children.

1 Answer | Asked in Family Law for Indiana on
Q: What does motion to strike mean on mycase.org?

My boyfriend has a modification hearing on June 5th and they filed a modification of strike. What does that mean? Are you able to call me and discuss more ?

Troy Tyson
Troy Tyson
answered on Apr 23, 2020

If the opposing party filed a motion to strike, it usually means that something was filed on the case (such as a document, letter, motion, etc.), that they are asking the court to remove from the record.

1 Answer | Asked in Divorce and Civil Litigation for Indiana on
Q: We have been dating for 3 years, living together for 2. He cheated, now he wants me to move out. House is in his name.

We live in Indiana.

Troy Tyson
Troy Tyson
answered on Apr 17, 2020

It is not clear what your question is. However, if your ex-boyfriend owns the house outright, he will have the right to force you to leave. Whether or not an eviction would need to be filed would depend on a variety of factors, and there is not enough information in your question to answer that.... View More

1 Answer | Asked in Family Law for Indiana on
Q: My children’s father has moved and won’t give me his new address Can I withhold visitation until he complys

I need to know where my children are

Troy Tyson
Troy Tyson
answered on Apr 16, 2020

A parent can withhold visitation where they feel that a child is endangered or in other emergency situations. However, you should be cautious about doing so, as courts look at such behavior with great scrutiny. Your children's father does have an obligation to provide you with the information... View More

1 Answer | Asked in Family Law for Indiana on
Q: I am 16 and living with my Father in Indiana, but I want to live with my Mother in Montana, how do I make that happen?

My Dad and Step-mom support me but can't stand being around my Step-mom. I visit my Mom over the summer and on school breaks, and she visits me and my brother one weekend every month. How can I make it so I go to school in Montana and visit Indiana for the Summer?

Troy Tyson
Troy Tyson
answered on Apr 16, 2020

Your mother can file a motion to modify custody so that she has primary custody. Since you are over 14 years old, that court will give serious consideration to your preferences.

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