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Indiana Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Indiana on
Q: I’m a single mom enlisting in the military. I’d like to give my kids father full custody while I’m active duty.

I’m looking to know all of my options and how to proceed.

1 Answer | Asked in Medical Malpractice, Child Custody and Civil Rights for Indiana on
Q: I have attempted to complete treatmentfor my addiction only to be medically discharged to return the be discharged again

I'm intentionally being discriminatied against this a on going iusse with dcs. Hinding my progress my attorney will not help mor do his job

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

Thank you for your question. You do not indicate what bases you are being discriminated. Not all discrimination is unlawful. You should contact experienced malpractice attorneys in the state where this occurred.

0 Answers | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Indiana on
Q: DCs has filed fasle information n two cases n one of the foster mom's is good friends with caseanager n my daughter w

Which are her kids is slow n the foster mom knows this n manipulated and bullied my daughter and I'm trying to get the kids back they didn't even ask me to get the kids one's already been adopted out and I need to and then there's another one in DCS that's just born that... View More

0 Answers | Asked in Family Law, Adoption, Child Custody and Child Support for Indiana on
Q: I am getting ready to marry my boyfriend within the next month. He has a 11 year old son who's biological mother has had

Any form of contact in more than one year and has not paid any support or even made an effort. The courts have already restricted her parental rights about 6 or 7 years ago. Is there a way to just get the rights terminated or would someone have to take the responsibility of the parental rights? And... View More

0 Answers | Asked in Adoption and Child Custody for Indiana on
Q: My sister was adopted and her adoptive mother rarely lets me see her. It's been five months.

Is there something I can do to make her let me see my sister? It's been five months since I've last seen her. She rarely answers my messages and despite me reaching out several times she has only responded to me once in the last three months. If it matters I am a legal adult.

0 Answers | Asked in Child Custody for Indiana on
Q: The judge in my custody case is married to my ex husband’s attorney that represented him in child abuse case.

The child involved in abuse case in same child involved in custody case. I signed a waiver of conflict, not knowing what it meant. Can this be reversed?

0 Answers | Asked in Child Custody for Indiana on
Q: Where can I find a pro bono lawyer around Huntington county Indiana for gaurdianship case

I have been granted permanent gaurdianship over my grandson I had a lawyer who had to withdraw his appearance due to his own health issues I don't have the money for another retainer fee I am low income family every thing has been filled the mother is trying to terminate my gaurdianship and... View More

0 Answers | Asked in Family Law, Adoption, Child Custody and Child Support for Indiana on
Q: I have legal guardianship of my niece and nephew, do I have to allow the biological mom to see her kids after 5 years?

The biological mother could not care for her children in 2018. My niece was 3 and my nephew was 3 weeks old at the time I took them into my care. My sister, the biological mother since then had had no communication or contact with the children. She abandoned them and has not supported them in any... View More

0 Answers | Asked in Child Custody for Indiana on
Q: Does a ppo against entitle full legal custody in Indiana? Do you have to have full LEGAL custody to enroll in school?

I am pro se and my BM lawyer is trying to make me sign an agreement to have her have full legal custody

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
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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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Soon to be ex scare tactics or?

Soon to be ex husband says his lawyer said he doesn’t have to prove me incompetent to get full custody just that he’s the better situation. In his mind he's the better situation because he's the money maker. I'm still however fully capable of taking care of my children and have... View More

James A Hanson
James A Hanson
answered on Jun 1, 2022

The fact that your ex has a lawyer only underscores the importance for you to retain an attorney and ask these detailed questions to that attorney in a confidential setting.

More generally, the legal standard in Indiana is the "best interests of the children" meaning that the...
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