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Indiana Family Law Questions & Answers
0 Answers | Asked in Arbitration / Mediation Law, Civil Litigation, Contracts and Family Law for Indiana on
Q: What can I expect to occur after filing contempt charges on my ex-boyfriend in family court for violating parenting time

The father and I share joint custody, 50/50 of a 3 yr old child. We were never married but paternity was established, he signed the birth certificate and 3 yrs after she was born we attended Mediation in family court which officially declared us joint custody. The problem is I had to file contempt... View More

0 Answers | 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

0 Answers | Asked in Child Custody, Family Law and Health Care Law for Indiana on
Q: Custody questions hospital rules

My best friend has a shared custody with her daughters farther and her daughters in the hospital currently and he brought his girlfriend with and they are both putting her down and being mean to her does she have the authority to have the girlfriend removed from her daughter hospital room ? Does... View More

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.

0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Indiana on
Q: If your lawyer dies before recording the wife on the title of the home and the husband dies, does the wife have rights ?

There are stepchildren, grown-up, not around and we found out the lawyer never recorded for my mother-in-law to own the house

0 Answers | Asked in Family Law, Civil Litigation and Civil Rights for Indiana on
Q: Can I get a Indiana Motion to correct error form?

case involving evidence that is new to the case Divorce case

0 Answers | Asked in Family Law for Indiana on
Q: Verbal agreement with your attorney

During my divorce, my husband took my name off of all our accounts including investment accounts. My attorney was aware we verbally agreed that I could make payments along the way and then pay the final bill at the end when property settlement was enforced.

The divorce was finalized, but... View More

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 Family Law for Indiana on
Q: My ex owed lots of back support and we went to court agreed to no support,he got mad and now he filed for support,canhe?

He owes me lots of back support,we both agreed we split financial responsibilitys for both kids,so the court ordered no support to be paid by either party.And since it shows he is current on his past support,but now he got mad and has went and filed against me to get support on both kids? I raised... 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 Family Law for Indiana on
Q: What rights would a bio father have if he filed a motion to estab paternity after 5 years? Legal father does not agree

Paternity affidavit was signed at the hospital the day the child was born. After 5 years, another man claims to have done a DNA test and filed a motion to establish paternity of said child against the legal father. Will the legal father lose rights? The legal father currently has 50/50 custody and... View More

1 Answer | Asked in Adoption, Constitutional Law and Family Law for Indiana on
Q: If a parent is in police custody and agrees to sighn over rights,what motion should be filed
James L. Arrasmith
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answered on Jan 17, 2024

In Indiana, if a parent in police custody agrees to sign over their parental rights, the appropriate legal action would be to file a petition for involuntary termination of parental rights in the appropriate family court. This petition is typically filed in the county where the child resides.... View More

1 Answer | Asked in Family Law, Social Security and Tax Law for Indiana on
Q: For a single person on disability, would they be able to claim a child on taxes and get more than what they put in?

Going through a divorce and wondering if the amount could change for someone on disability if they claimed 1 vs 3 kids on their tax return.

How is this split best handled when custody is split evenly?

James L. Arrasmith
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answered on Jan 7, 2024

For a single person on disability, the ability to claim a child on taxes and potentially receive more in tax benefits than what they put in depends on several factors. These include their income level, the amount of Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) they... 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...
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1 Answer | Asked in Family Law for Indiana on
Q: A 25 yr old friend of my daughter was kicked out of his adoptive mother’s and his adoptive step father’s home last night

No reason or notice, just told to get out. He had just gotten home from a short stay at the hospital due to mental health aggravated by his grandmother passing a few days before. Now he is not allowed to go get his things or his meds. Is this legal in Indiana?

T. Augustus Claus
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answered on Dec 19, 2023

In Indiana, abruptly kicking a 25-year-old out of his adoptive parents' home without notice or reason may not be inherently illegal, as he is of legal age. However, denying access to his belongings and medications raises concerns. It's essential to consider the specific circumstances and... View More

1 Answer | Asked in Family Law and Juvenile Law for Indiana on
Q: Two minors want to move from MS to Indiana by their selves to live. What is law in reference to minors living alone?

At the time they plan to move, one of the young ladies will be 17 and the second will be 1 month away from turning 17. They want to live by themselves with no adults. I need to know what Indiana's law is in this regard please.

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on Dec 18, 2023

No. Even if you're a parent, if you are under 18 your parents still have the right to custody of you and the responsibility to support you, until you turn 18 or become legally emancipated.

1 Answer | Asked in Family Law, Civil Rights and Education Law for Indiana on
Q: Do I have a case ? He is in 4th grade and removed from sports due to harassment .

My son school stated he should not participate in sports because he was talking in launch. Than when I asked to speak with the instructor due to no previous issues with my son the principal became defense and won't allow it . After going back and forth and coming to school I finally met with... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, there are several concerns that might warrant further legal exploration. If your son has an Individualized Education Program (IEP) and his removal from sports is related to his disability, this could potentially be a violation of his rights under the Individuals with Disabilities... View More

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