Portage, IN asked in Family Law for Indiana

Q: I live in Indiana and my ex is keeping my children from me. She said her Attorney told her to do this, no court order

My ex (never married) is keeping the kids from me, she told me and an officer that an attorney advised her to keep the children from me until visitation is put into place. I have signed the paternity affidavit for both my children and for my son we signed a form with the health department agreeing to joint custody. There is no court order in place saying she can keep the children from me and we have no visitations set with the court. Her and I have a verbal and written agreement between us on how we would and have been sharing the children. We have had them an equal amount of time and we both provide for them.

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1 Lawyer Answer
James A Hanson
James A Hanson
  • Fort Wayne, IN
  • Licensed in Indiana

A: Your situation is exactly why you need to get an actual parenting time order from an appropriate court.

In Indiana, a Juvenile Paternity (JP) case will legally identify you as the father of each child and will establish the parameters of both Custody and Support.

The fact that you have a history of sharing parenting time (both in writing and in practice) is very good for you. You can use that as evidence in mediation and in court.

I would recommend finding a family law attorney in your area and getting a JP case filed as soon as possible.

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