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Questions Answered by Erik Carter
1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Indiana on
Q: Is there certain times of the day or week that you can file an appeal ?

In the state of indiana

Erik Carter
Erik Carter answered on Dec 14, 2017

A Notice of Appeal must be filed within 30 days of a final appealable order. If the 30th day falls on a weekend or day that the Clerk of the Court of Appeals is closed, it rolls over to the next open business day. The Notice of Appeal must be accompanied by the filing fee or a request to waive... Read more »

1 Answer | Asked in Appeals / Appellate Law and Family Law for Indiana on
Q: Relocating out of state with daughter. If dad appeals, will it drag out the process if I need to move by a certain day?

He has supposed to have been paying child support since January but he hasn't paid anything yet and now has a court date set for May 10th because of it. He gets 90 overnights and we have agreed on everything thus far. We have not discussed this relocation with him but my current wife and I want to... Read more »

Erik Carter
Erik Carter answered on Mar 30, 2017

This is not an appellate question, it is a custody/relocation question. Indiana Code 31-17-2.2-1 et seq. covers the notice requirements for a relocating parent and the options available to the non-relocating parent.

1 Answer | Asked in Child Custody and Child Support for Indiana on
Q: If your the non custodial parent how to seek custody if child has been left in your care the past 3 years?

the mother barely sees her child maybe once every couple of months doesn't buy anything for the child shoes clothes school supplies or anything for the past 3 years how do you get legal custody and child support? She barely calls to talk to the child and makes her feel like she's not wanted. The... Read more »

Erik Carter
Erik Carter answered on Feb 15, 2017

Your question implies that an Order exists that awarded custody to the Mother. You would file a Petition to Modify Custody with all the allegations you placed in your question. You should consider filing a Petition for Injunction to maintain the current situation, asking the Court to allow the... Read more »

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