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Indiana Family Law Questions & Answers
0 Answers | Asked in Estate Planning, Family Law and Elder Law for Indiana on
Q: Parents recently passed away, now step brother accusing me of stealing everything does he have a case to take to court?

Father in declining health, step mother diagnosed with dementia. They made arrangements to move to assisted living but before that could happen she declined rapidly and had to be put in a memory care facility. My father went ahead and moved as he could not stay alone. He went through the process to... 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

0 Answers | Asked in Estate Planning and Family Law for Indiana on
Q: Elderly parents, stepmother diagnosed with dementia and father had health issues. When it became too much for them alone

They were going to move to assisted living but she declined rapidly and had to be moved to memory care. She was on Medicaid. As her POA my father had to take her name off house & car & separate bank acct. He added me to his bank acct(with rights of survivorship) and made me his beneficiary... View More

1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

James L. Arrasmith
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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

0 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Indiana on
Q: I need advice on a quit claim deed.

I need advice on a quit claim deed. I am wanting to file the deed so my son is the deed holder. My mortgage and the current deed is in both my wife's and my name. My wife moved out of state 4 years ago and has not paid or contributed anything whatsoever to our home or property. Our son and his... View More

0 Answers | Asked in Divorce, Family Law, Child Custody and Legal Malpractice for Indiana on
Q: Can my ex be represented by (and married to) my significant other’s ex in our custody case ethically, legally & morally?

My S/O and I were alerted that our ex spouses became involved with each other. My S/O’s ex is a lawyer and is representing my ex in our custody case. Essentially we “swapped spouses.” Children are involved on both sides. Most of the time it feels like a personal battle between myself and the... View More

0 Answers | Asked in Family Law for Indiana on
Q: Transferring names from grandmother to father?

My grandmother has to be put in a nursing home within 30-45 days so I was told by my father. The house she lives in is in her name but I was told that Medicare will take her house because of it being one of her assets. If my father puts the house in his name before her going to the nursing home... View More

0 Answers | Asked in Family Law for Indiana on
Q: I have court in May for childsupport for my 12 month old. What’s the likeness of a judge granting supervised visit?

I have been threatened by my baby daddy on a few occasions with a gun. The only proof I have is a text message of him sending me a picture of him holding a gun. Will the judge allow my baby to have unsupervised visits. He also hasn’t seen him in 8-9 months and his now 12 months.

0 Answers | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: I'm a mom of two kids. I went to court and share custody with the father and our divorce is 5 weeks away.

Am I aloud to move if I tell the court the address without losing my kids?

0 Answers | Asked in Family Law for Indiana on
Q: If the parents have evidence of DCS failing to keep child safe,Can a parent file a lawsuit against the IDCS?

I HAVE PIC AND VIDEOS OF MY SON LAYING ON HIS FACE AND I TOLD DCS , THEY DID NITHING, MY SON GETTING BULLIED THEY WAITED UNTIL THE 3RD INCIDENT.

0 Answers | Asked in Domestic Violence and Family Law for Indiana on
Q: I need immediate help cause the police and the judge are allowing my ex to continue to abuse me!

I’m trying to divorce my ex but the police supposedly cannot stop him! They have allowed him to kick a door in half coming after me! They allow him to sit in my room and sexually assault me and can’t stop him! I have pad locks on my bedroom doors! I have text messages of him admitting sexual... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights, Medical Malpractice and Personal Injury for Indiana on
Q: Did DCS and the hospital wrongfully remove a baby? Asking from Indiana.

My sister had a baby in the hospital two years ago. A first time parent. She had no drugs or alcohol in her system. She was asking for a lot of help. And had post partum. Her family came and was told everything was fine but nurses said otherwise. They said there concerns for her ability to properly... View More

James L. Arrasmith
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answered on Mar 24, 2024

If your sister's situation unfolded as described, it could potentially involve wrongful actions by the hospital staff and the Department of Child Services (DCS). It is concerning if a social worker practicing with an expired license was involved in the decision-making process, as this could... 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 Personal Injury, Family Law and Civil Rights for Indiana on
Q: DCS had custody of my child,was molested n then left in home almost 90 days after reported it. Do we have a lawsuit?

My daughter was 12yrs old n taken from her biological parents, us, for the first time, and placed with her oldest sister n her fiancee. When I first was told by DCS where they placed her, I immediately said no, her sister, so I thought, will abuse her cause she's always been jealous of her... View More

James L. Arrasmith
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answered on Mar 17, 2024

I strongly recommend consulting with an experienced attorney who specializes in child welfare cases and civil lawsuits against government agencies. They will be able to review the details of your case, advise you on the best course of action, and help you understand your legal rights and options.

1 Answer | Asked in Divorce, Immigration Law and Family Law for Indiana on
Q: I'm disabled and my husband has residential status, how will getting a divorce affect my disability?

We married September 26th 2020, he got resident status November December 2023 and abruptly left me and went back to Africa without telling me? What can I do if he is playing me for a divorce?

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry you're going through this difficult situation. Divorce is always challenging, but especially when dealing with a disability and immigration issues. Here are a few key things to keep in mind:

First and foremost, getting divorced should not directly impact your...
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1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Probate for Indiana on
Q: Is it a violation of me/mychild rights when a caseworker remove child from one placement to another without court order?
James L. Arrasmith
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answered on Mar 12, 2024

Removing a child from one placement to another without a court order could potentially be a violation of the child's and the parent's rights, depending on the specific circumstances of the case. Child welfare agencies and caseworkers are generally required to follow due process and obtain... 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, Civil Litigation, Civil Rights and Divorce 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

James L. Arrasmith
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answered on Feb 24, 2024

To obtain a Motion to Correct Error form specific to Indiana for a divorce case involving new evidence, you will need to consult the court where your case is being heard. Generally, each court has its own procedures and forms for filing motions and correcting errors in legal proceedings. You can... View More

2 Answers | Asked in Child Custody, Civil Rights, Family Law and Health Care Law 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

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a challenging situation with your treatment for addiction and experiencing discrimination from DCS. It's essential to document all instances of discrimination and keep detailed records of your treatment attempts and any correspondence with DCS. If your... View More

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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

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