Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Indiana Child Custody Questions & Answers
0 Answers | Asked in Child Custody and Child Support for Indiana on
Q: Can i sue cps for falsely identifying me as a sexual abuser?

Cps accused me of committing sexual abuse on my child when my child was not in my care nor in my custody I've had 4 cps cases opened on me and my ex I've never seen nor been told of this "sexual abuse until this case it randomly popped up saying it had happened in 2022. In 2022 I... View More

0 Answers | Asked in Child Custody for Indiana on
Q: The father wants custody of my 2 year old daughter when he’s barley in her life

When she goes over there she either has never had an outfit change and she had flee bites really big up her arms when I asked if he had flees all he said was probably we have dogs would he get any custody?

0 Answers | Asked in Car Accidents, Child Custody, Personal Injury and Criminal Law for Indiana on
Q: My husband recently reached a plea deal. He is being considered for home detainment. Can officers search my minor child

Husband is being evaluated for home detainment. But, am having a hard time with signing away my 4th amendment rights so he can even be considered. My son is 14, and on the autism spectrum. Would officers inspecting our home be able to search my minor son?

0 Answers | Asked in Child Custody for Indiana on
Q: Is there anything I can do legally to make sure he can never get any custody or visitation in the future?

My daughter’s father hasn’t seen or contacted me about our daughter in 6 months. He isn’t on the birth certificate and she doesn’t have his last name.

Not sure if this makes a difference but I was still legally married(in process of divorce) to someone else who isn’t her... 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...
View More

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 Doyle
PREMIUM
Eric Doyle pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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....
View More

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...
View More

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...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.