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Indiana Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Indiana on
Q: How do I file a min entry

Guardianship case for my son I want it back but I'm going to ask for visitation and want to file a letter from my doctor. And state that we have a good safe living environment for him here

0 Answers | Asked in Family Law and Child Custody for Indiana on
Q: What rights do I have over my 3 year old daughter when my mother has guardianship over her. Can I bring her home?

We are saving money to take my mother to court to get my daughter back. I signed over guardianship to my mom thinking she would have her best interest at heart but she refuses to let me have her back now that I'm in a better place. I want to know what rights I have and if I can bring her home... View More

0 Answers | Asked in Family Law and Child Custody for Indiana on
Q: I'm 16 years old and I live in Indiana. Is it legal for my parents to take my computer?

For little or petty reasons, like going on silent on my computer. I do online school and I am pregnant and they have stopped me from completing school on the weekend when I seriously needed to. They have implemented more rules like going to bed when they go to bed, turning my computer in at 10 and... View More

0 Answers | Asked in Child Custody and Divorce for Indiana on
Q: my daughter says she feels unsafe around her mom. have vids and pics of mom losing it. need divorce what should i do

She blames me for everything calls me names saying I’m the worst thing that’s ever happened and I’m a narcissist. She has a tendency to break my things when her “feelings “ aren’t acknowledged. (Ex. Car window broke still) she has hit me several times in the face there’s a whole... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Indiana on
Q: I Was being abused at the time of my son’s birth. He is now 6 and I want dna pushed to get my ex out of our life.help!

Paternity affidavit was filled out but I was threatened to sign it. How can I get this redone.

Elizabeth  Milliken
Elizabeth Milliken
answered on Nov 14, 2024

I need to know more details about your case to be sure, but, if you have good reason to suspect that your ex is not your son's biological father, then you may have a legal basis for asking the Court to rescind the paternity affidavit.

Ind. Code 16-37-2-2.1(r):

Before a...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Child Custody court order question

I share custody of my child with someone who doesn't have a job or a car and owes thousands in custody payments. I've been picking up and dropping off my daughter for years. I'm being taken advantage off.

What’s on the court order is I have to make reasonable... View More

Eric Kristen Doyle
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answered on Oct 30, 2024

What is considered "reasonable" as defined in your Order on Child Support is going to be up to the interpretation of the Judge who issued that Order. For some, it may be considered reasonable to make such accommodations in the name of facilitating parent-child relationships, for others it... View More

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Domestic Violence for Indiana on
Q: To whom it may concern. I am curious if you guys deal or take on civil matters as in. Seperation, child support, ect.

I am being stripped of my legal rights and threatened to not being able to see my child. And my name is being slandered in the worst cases.

James L. Arrasmith
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answered on Sep 25, 2024

I'm sorry to hear that you're facing these challenges. When dealing with civil matters like separation, child support, and custody issues, it's important to seek proper legal counsel to protect your rights. Family law can be complex, and your situation may require professional advice... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If I have physical custody and we both have split joint legal custody, is he allowed to leave state and not tell me?

I live in Indiana. My daughter’s dad has a record of abuse. We eased into visits having no overnights for a couple months at first. Now he has a gf from another state and goes there and leaves our child there and never tells me where she is, if she left state or who has her while he is working.

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on Jun 3, 2024

He is obligated to tell you were he will be taking your child especially if your child is “being left” with the gf. He is required to inform you why is your daughter being left with the gf. Where is he? Look in your court documents to see if the parents were given “right of first... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: I need to file a motion in contempt for several issues in family court. I need to know how to file for multiple issues.

Violating parenting time order

Violating court ordered therapy for children

Violating initial agreement for living accommodations

Removed my access to children’s medical records

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

A motion for contempt is not a DIY project. You need to consult an attorney with experience in the area of family law in or near the county of the court that issued the orders being violated. It is very easy for an inexperienced attorney--much less a layperson--to fail to satisfy the specificity... View More

1 Answer | Asked in Child Custody, Immigration Law, Criminal Law and Family Law for Indiana on
Q: My wifes former spouse is a current green card holder, He raped my wife. Where can i file papers Arrest and deport him.

My wife has had her family taken and turned against her, She has encountered a very difficult life since the Rape occured. Her ex spouse has taken all her properties, Her 2 children, Stalks her, Harrasses her, Forced her into medications to control her. I am her husband Kenneth, Here recently her... View More

James L. Arrasmith
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answered on Mar 22, 2024

I'm truly sorry to hear about what your wife and you are going through. It's crucial to prioritize her well-being and safety. You should report the rape and other criminal activities committed by her ex-spouse to the local police as soon as possible. They can initiate an investigation and... View More

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Indiana on
Q: Claiming kids on taxes.

When child support was established, we also signed an agreement with the prosecutor saying that we take turns every year claiming the kids on taxes as long as I am a certain percentage caught up on my child support, and if I’m not, then I’m not able to claim them that year. So earlier in the... View More

James L. Arrasmith
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answered on Feb 25, 2024

Based on the agreement you signed with the prosecutor, you still need to meet the requirement of being caught up a certain percentage on child support in order to claim the children on taxes, even though your ex has temporarily stopped the formal child support order.

The key factors here...
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1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: We have full custody of my step daughter. Bio mom lost all rights. We placed a restraining order (pending court) against

her after an incident of her showing up at our house for the second time, so she can not come onto our property. In return she filed a restraining order on bio dad who has full custody and she filed it against the daughter to try to make it where he cannot be around her legally, even though he has... View More

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on Jan 4, 2024

Hi ~ I'm a bit confused and need some answers from you so that I can properly address your concern.

What were the grounds Bio mom stated for needing a protective order? What parenting time, if any, does bio mom have? I don't understand how a protective order can be against dad...
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1 Answer | Asked in Family Law, Civil Litigation and Child Custody for Indiana on
Q: Can I petition the court if my children I was set to adopt and fostered for 8 years to be placed back in my home. I a

I am the subject of an abuse from a foster child or 22 months after I called the authorities on him and dcs also took my other children it is not criminal it’s civil

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, where you've fostered children for a significant period and are facing challenges due to allegations of abuse, it's important to understand your legal options. Yes, you can petition the court to have the children placed back in your home, but this process can be... View More

1 Answer | Asked in Criminal Law, Child Custody and Family Law for Indiana on
Q: Is it illegal for one person to feed another person pet food without their consent?

My ex tricked me into eating dog cookies by telling me they were regular gingerbread cookies. They were shaped like any regular gingerbread man cookie you would see. It did not have any smells that seemed off and the taste was bland to me. She used our child to get me to eat it. My concern is that... View More

James L. Arrasmith
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answered on Nov 12, 2023

Yes, tricking someone into unknowingly eating pet food without their consent could potentially be illegal in Indiana. Here are some key considerations:

- It could qualify as battery - intentionally causing offensive or harmful contact without consent. Feeding someone pet food fits the...
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1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My son is 16 has been living with his mom but now wants to live with me. His mom agrees, do we need to go to court

I live in Indiana she lives in Ohio (approximately 32 miles apart) We never had child support issued by the court, we always had our own agreement. The state of Ohio determined paternity when he was 4 and that I had to carry insurance on him and have since. I’m am on the birth certificate as the... View More

T. Augustus Claus
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answered on Jul 11, 2023

In situations where both parents agree to a change in custody arrangements, it is generally recommended to seek a formal modification of the custody order through the court system. While you may have had your own agreement and have been able to co-parent without involving the court in the past,... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Service by publication forms
Heather L Franklin
Heather L Franklin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023

Service by publication for family law matters - including custody modifications - should only be used when you don't have an address for the other party or reliable contact information to get an address for them. The Indiana Trial Rule governing service by publication is Rule 4.13 and the rule... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My ex and I have a temp order that ends in Aug. He begged me and begged for a year to let him move back to Texas

With the kids. I broke and let him. Now with me having same job same home for yrs and he had moved 4 times and was engaged twice within a year shows me he is unstable. What are my chances if getting full custody?

James A Hanson
James A Hanson
answered on Jul 9, 2022

There is much confusion about what "custody" actually means.

If there is an active case in Indiana for either Paternity or Divorce, then any party wanting to move out of Indiana is going to have the burden of explaining why that move is in the child's best interests....
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1 Answer | Asked in Child Custody for Indiana on
Q: Married when baby was born. She didn't put father on birth certificate against his wishes. Got a divorce a month after

baby was born. Then she gave her rights up to her mother against his wishes.....now she lives 2 hours away and will only let him seed her if he comes down. She tried saying that he raped her while she was pregnant. He didn't. they been together 10 years.

James A Hanson
James A Hanson
answered on Jun 20, 2022

The question is a bit confusing. Here is what I think will help.

First, the divorce decree needs to be checked to see if the court presumed the husband to be the father. If she was divorced just a month after birth, then it is likely the divorce decree either has language acknowledging...
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1 Answer | Asked in Child Custody for Indiana on
Q: How can I get proof of sole legal custody of my child? There’s no custody order because I was unwed to his father.

I’ve called the clerks office and they don’t seem to know. I need documentation of the sole legal custody to apply for passport.

James A Hanson
James A Hanson
answered on Jun 6, 2022

Indiana Code 31-14-13-1 states that the biological mother of a child born out-of-wedlock has sole legal custody of the child. There are exceptions, but absent a court order this is the general rule.

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