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Questions Answered by Troy Tyson
1 Answer | Asked in Family Law for Indiana on
Q: Non relative. What rights do I have?

Had child 2 years out of 3 years. Financial responsibility by me. Have insurance on her. No help financially.

Troy Tyson
Troy Tyson
answered on Mar 16, 2020

You may want to consider establishing a guardianship over the child. You should speak with an experienced attorney to assist you with this process.

1 Answer | Asked in Landlord - Tenant for Indiana on
Q: A tenant wishes to move to an upgraded rental. Can thet agree to transfer the secuirty deposit to the new lease?
Troy Tyson
Troy Tyson
answered on Mar 6, 2020

Certainly ... if the landlord agrees to it.

1 Answer | Asked in Child Custody for Indiana on
Q: I requested full costidy of my kids. Can dad not agree if he’s paying child support?

Can dad not agree on me getting full costidy?

Troy Tyson
Troy Tyson
answered on Mar 3, 2020

Yes, the father can disagree with you having full custody whether he's paying child support or not. It is his right to contest is as a parent if he does not agree with it. However, if you have a hearing scheduled, you will be able to appear and present testimony and evidence as to why you... View More

1 Answer | Asked in Divorce for Indiana on
Q: In what Indiana county should a couple file for divorce?

They are selling their house in Northern Indiana since he lost his job. She is moving back to Johnson county, he is moving to Marion county for a job. Where do they file for divorce?

Troy Tyson
Troy Tyson
answered on Feb 27, 2020

At least one of the parties will need to have lived in the county of filing at least 3 months prior to the date of filing. Therefore, if they are both living in northern Indiana and have been for some time, they should file in their county there.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can a paternal grandmother be ordered custody at hearing when not a party to the case and mother was in hospital?

I notified the court and father morning of clerk told me they hadn't been up in front of Judge and what documents to bring in.

Troy Tyson
Troy Tyson
answered on Feb 26, 2020

Your question leaves out a lot of important information so I cannot give a definitive answer to this. However, in general, yes a third party can be granted guardianship or custody in some circumstances.

1 Answer | Asked in Family Law for Indiana on
Q: My 17yr old was visiting his mother, we have 50/50 with me having custodial custody. Her house was raided and she was

Arrested for drugs. My son was at a friends house when this happened. CPS has taken my child, put in foster care pending investigation. This was done without my knowledge, consent, etc. In the report they filed with the court doesnt even mention that I'm in my child's life much less that... View More

Troy Tyson
Troy Tyson
answered on Feb 24, 2020

I am sorry for your situation. This sounds like a complex matter and there are too many details missing in your question to be able to give you definitive answers. I would strongly urge you to sit down with an experienced family law attorney as soon as possible to discuss your case, and possible... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Is indiana a mothers state ?

I also need to know about if their breast fed when will fathers get child ?

Troy Tyson
Troy Tyson
answered on Feb 24, 2020

In Indiana both parents are to have equal standing before a court when it is making determinations on child custody. The primary determining factor for custody decisions is what is in the best interests of the child.

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

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