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Questions Answered by Burton A. Padove
1 Answer | Asked in Family Law for Indiana on
Q: The father waited too long? Child is 5 months old and he wants to have his name added to the birth certificate.
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answered on Mar 28, 2011

The father can have his name added and also assert rights if a paternity affidavit is filed or paternity established in court.

1 Answer | Asked in Family Law for Indiana on
Q: I am a 49yr male, my 16yr son and his mother have just put a restraining order against me for pushing him? we have 50/50

Custody. Been seperated for 5yr and not finished divorce as of yet. Have not lived together for 5yr. Do I need a lawyer?

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answered on Mar 24, 2011

Yes, you need a lawyer! Your situation is quite serious and your rights are in jeopardy.

1 Answer | Asked in Family Law for Indiana on
Q: I live in Indiana and i know for a fact that he is being illegally adopted.

I want to know what i can do to intervene and STOP This illegal adoption!! DCS/CPS took my son in 2005 falsely claiming i was homeless and unemployed and my parental rights were NOT terminated according to the requirements of the law!!! Please help; the foster MONSTER wants me TOTALLY AND... View More

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answered on Mar 24, 2011

Your question requires far too complex of an answer for this forum. Further, as posted, it is unlikely that you can handle this without hiring counsel. Contact a local attorney.

2 Answers | Asked in Family Law for Indiana on
Q: Who is to be contacted in issues of children after a divorce decree is finalized?
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answered on Mar 24, 2011

Usually, i the parties cannot agree and the decree does not contain a mediation or arbitration clause, the court where the decree was entered if any of the parties still live in the state.

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1 Answer | Asked in Family Law for Indiana on
Q: We have a signed Paternity Affidavit and Birth Certificate. What do we file to establish Father's parental rights.
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answered on Mar 24, 2011

The best way to do so and to protect those rights is to file a petition with the court. A court order that spells everything out and that can be followed by all involved should do the job.

2 Answers | Asked in Family Law for Illinois on
Q: What is a proof of service concerning a child custody case?
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answered on Mar 24, 2011

an affidavit or a statement made under oath that the other party received a copy of the document.

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1 Answer | Asked in Personal Injury for Illinois on
Q: How can i sue the us for a work injury
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answered on Mar 24, 2011

File a claim with the Federal Employees Compensation Program.

3 Answers | Asked in Contracts for Indiana on
Q: Non compete agreements: How Legal are they?
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answered on Mar 28, 2011

They are legal if limited in time and location appropriate for the type and scope of the business.

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1 Answer | Asked in Family Law and Divorce for Indiana on
Q: In the state of Indiana, is the ex-spouse of a firefighter legally entitled to any of his pension fund?
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answered on Mar 11, 2011

Only if there was an allocation made in the divorce decree or the firefighter has her named as a beneficiary.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If custodial parent leaves child with me in my home state for > 6mo, can i get custody changed in my state?

We have an order specifying vistiation. The custodial parent (my ex) has not gone by it at all (causing me not to see my daughter) now out of the blue she is bringing my daughter to stay with me in the state I live (different than where they live and where the order is) for 8 months. she is... View More

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answered on Mar 11, 2011

If your state has adopted the Uniform Child Custody Jurisdiction Act, probably.

1 Answer | Asked in Family Law for Indiana on
Q: What form do i need or where can i find this form to Petition to Terminate Guardianship in INDIANA?
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answered on Mar 11, 2011

You should be able to locate this form at www.in.gov/judiciary

1 Answer | Asked in Family Law for Indiana on
Q: How do I petition the court for an income withholdings order ? For a child support order already in place ?
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answered on Mar 11, 2011

You need to read your local court rules, the Indiana Trial Rules and the Indiana Administrative Code. All of which are located at www.in.gov/judiciary. The requirements in different courts vary. If there is not an order already in place that states that there should be a wage order, you either... View More

1 Answer | Asked in Family Law for Indiana on
Q: What do I need to do in order to move out of state with my three year old?
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answered on Mar 11, 2011

You are required to comply with the Indiana Relocation Statute. I have previously posted an article on my blog www.todayslawalert.com. I have posted the statute below for your convenience.

IC 31-17-2.2-1

Notice of intent to move residence; modifying orders; attorney's...
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1 Answer | Asked in Divorce for Indiana on
Q: If ask if one party does not want to dissolve the marriage will the judge order counceling
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answered on Mar 10, 2011

Sometimes.

1 Answer | Asked in Divorce for Indiana on
Q: I have POA for my bother his Xwife is in contempt of the divorce she won't turn over tax papers to file 09 What do i do
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answered on Mar 10, 2011

Please repost as your question is unclear. Are you saying that she is violating a court order or are you saying that a court has ruled that she is in contempt?

1 Answer | Asked in Divorce for Indiana on
Q: Settlement Agreements

I have an uncontested divorce and spouse does not have nor can get regular job due to not passing drug test. Can I assume debt responsibility for all debt then file bankruptcy afterwords? I am filing a protective order and want the most amiable solution without possible violence or further ado. I... View More

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answered on Mar 10, 2011

The divorce courts allocation of debt is between you and your husband and does not involve the creditors. therefore, even if the divorce decree provides for you to pay the debt, your husband is still liable to the creditor. If you file bankruptcy, the crediors will have the right to seek payments... View More

1 Answer | Asked in Divorce for Indiana on
Q: Can I sue my husbands ex mistress for psych trauma and alienation of affection - she had abortion and he now has pts

As a result our marriage is over

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answered on Mar 10, 2011

No. Indiana does not recognize a cause of action for alienation of affection

1 Answer | Asked in Child Support for Indiana on
Q: Does it make sense that the Child support office can close a case on a non paying father before child is 18?

My son is 8, & his father was ordered to pay child support 8 years ago. 3 years ago I went to court because he was deliquent, He did not show. The court cited that he owed $10,000, and failure to pay he was supposed to serve 90 days. I have received nothing since, however, when I recently... View More

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answered on Mar 10, 2011

I suggest that you ask to speak to the head of the IVD program to determine in what way you were non-compliant and how it is that they show that you were. If you were, correct the situation and seek to have the case reopened.

1 Answer | Asked in Child Support for Ohio on
Q: If you are legally obligated to pay child support and the child was adopted in 2004 are you legally opted to pay suppor

And still being charged for the child for 7 years what can i do about it

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answered on Mar 10, 2011

You should petition the court that ordered the child support for an order of termination due to adoption.

1 Answer | Asked in Child Support for Indiana on
Q: Where do I get a form to ask the judge to quit granting continuances to the defendants attorney and ask for expedition?
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answered on Mar 10, 2011

There is no such form that I am aware of. You may want to consider hiring counsel. Good luck.

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