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Questions Answered by Troy Tyson
1 Answer | Asked in Family Law and Collections for Indiana on
Q: I have 2 ER bills.I can't pay off but am sending in payments each month.Can they send me to collections?

Went to two different hospitals, billed for them and ambulance ride. I cant pay what they want, asked for a payment arrangement and what they wanted was too high. So I am sending in $25-50 each bill each month.

Troy Tyson
Troy Tyson
answered on Apr 9, 2020

They could send you to collections at any time for a bill that is not timely paid. However, keeping in contact with the company and continuing to make regular payments are good actions to take to prevent them from doing so.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: Hi! Lease is up March 30th. New rental fell through. What are options if they will not rent monthly?

Tenant is pregnant and due at the same time lease is up. Hoped for apartment fell through. She is actively looking for new rental and very worried. What are her options if they refuse to rent her the apartment monthly until she finds a place? We do not want to take advantage of Them but moving... View More

Troy Tyson
Troy Tyson
answered on Apr 8, 2020

You should do everything possible to work out a temporary arrangement with the current landlord. If that is not possible and you are forced to stay in the unit, that is known as "holding over," and the landlord will have to initiate eviction proceedings in order to have you removed.

1 Answer | Asked in Family Law for Indiana on
Q: my children's father recently moved and will not give me his new address.

visitation is court granted every Wednesday and every other weekend. I have been meeting him in a separate location

due apparently to distance, but repeated requests for his new address is ignored. I need to know where my children are going and

can I withhold visitation until he complys

Troy Tyson
Troy Tyson
answered on Apr 8, 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 Divorce, Family Law and Child Custody for Indiana on
Q: Does he have legal rights to the baby?

My friend lived in Indiana. She got married and had a baby with her husband. He didn't want to sign the birth certificate. They are now separated and they have not established paternity (but he is in fact the biological father). Does he have any rights to the baby even though they are married?

Troy Tyson
Troy Tyson
answered on Apr 7, 2020

If a child is born during a marriage, the husband is presumed to be the father, although that can be rebutted. If the husband and your friend are still married, he does have custody/parenting time right, although exactly what they are would need to be decided by a court.

1 Answer | Asked in Divorce for Indiana on
Q: I'm trying to figure out if I have to divide my assets 50/50 if I get a divorce if nothing is in my husband's name.

My house, car, and bills are all in my name. He had absolutely nothing but a bag of clothes when I met him. I already had my car when I met him, and built and moved into a new home right before we got married. He does work and contribute to the household, but I dont feel after 2½ years of... View More

Troy Tyson
Troy Tyson
answered on Apr 7, 2020

The general position of Indiana law is to aim for an equitable division of all "marital property," which generally includes any property obtained after the date of marriage. However, the implementation of this rule varies greatly depending on the facts of each situation. Also, parties... View More

1 Answer | Asked in Family Law for Indiana on
Q: In indiana do you have to go to court if all I received was a letter from her attorney not signed by a judge
Troy Tyson
Troy Tyson
answered on Apr 6, 2020

A letter from an attorney is not an order or a summons, and therefore does not compel you to go to court. However, if you did receive a letter, that is likely a sign that an action is pending, so you should be on the lookout for other papers from the court that WILL order you to appear.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Q: can i sue if i was sold an apartment with bedbugs

i have reasons to believe that i was sold an apartment with bedbugs. i was told by pest control (witch i payed for) that when you see black spots in the corner of the ceiling you might have bed bugs. go back a year when i got the apartment ive taken and sent pictures of black spots before i moved... View More

Troy Tyson
Troy Tyson
answered on Apr 3, 2020

A landlord has an obligation to provide you, as the tenant, with a safe, clean, habitable home. If they fail to do that, you can bring an action against them to terminate the lease and seek damages. Whether or not you can build a case from the facts you've given is a separate issue, and it is... View More

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... View 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,... View 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.... View 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,... View 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... View 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,... View 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... View 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... View 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 custody.

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... View 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... View 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.... View More

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