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Indiana Family Law Questions & Answers
0 Answers | Asked in Child Custody and Family Law for Indiana on
Q: Can I stop my coparent's wife from attending our kids' appointments despite joint custody?

I share joint legal custody of my children with my coparent, and we had a verbal agreement that only he or I would attend our children's appointments unless it's an emergency. However, my coparent insists on bringing his wife to these appointments, which I feel is invasive and... View More

0 Answers | Asked in Child Custody, Criminal Law and Family Law for Indiana on
Q: Can I press charges for unauthorized recordings during visitations in Indiana?

I'm currently involved in a contentious custody battle regarding my 8-year-old son, for whom I only have 3 hours of visitation every Saturday in Indiana. I've discovered an audio recorder in my son's backpack that was used to record our visits, which his mother denies initiating,... View More

1 Answer | Asked in Criminal Law, Child Custody and Family Law for Indiana on
Q: Facing Level 6 felony charges for alleged kidnapping despite having permission proof from custodial parent.

I am facing accusations of kidnapping and have been charged with two Level 6 felonies because someone claims I took my daughter across state lines without permission. However, I have Facebook messages proving I had permission from my daughter's custodial parent to take her. How should I... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 31, 2025

Make sure you take screenshots of the FB messages so they are not deleted or lost. You should also hire an attorney or request a public defender and give then the FB messages.

0 Answers | Asked in Juvenile Law and Family Law for Indiana on
Q: How can a 17-year-old minor in Indiana obtain legal forms for emancipation due to neglect?

I am a school employee assisting a 17-year-old minor in Indiana who is seeking emancipation due to neglect and being required to babysit full-time. She plans to move in with her older sister, who is aware of the situation and can support her financially, while the minor looks for employment after... View More

0 Answers | Asked in Child Support and Family Law for Indiana on
Q: Can I pursue back child support for my 2 children in Indiana?

I have two children, ages 2 and 3, and I want to know if I can pursue back support for them in Indiana. Their father has been uninvolved by his choice, and we have been separated for almost 6 months. I haven't requested court involvement yet, and am struggling financially due to his lack of... View More

0 Answers | Asked in Divorce and Family Law for Indiana on
Q: Do I need an attorney to review divorce decree if both agree on asset and debt division?

I am going through a divorce where both parties are in agreement. We have agreed that the house, which is in my name as the petitioner, will remain with me, and the respondent has also decided to retain her debt. There are no children involved and no spousal support being discussed. Does an... View More

0 Answers | Asked in Family Law for Indiana on
Q: Can siblings-in-law legally marry in Indiana?

In my hypothetical situation, there are two pairs of siblings: an older brother (John) and younger brother (Jacob), from one family, and an older sister (Natalie) and younger sister (Michelle) from another. When John and Natalie get married, do Jacob and Michelle become brother and sister-in-law?... View More

0 Answers | Asked in Family Law and Gov & Administrative Law for Indiana on
Q: Name change complications between Maine and Indiana legal systems.

I previously lived in Maine and legally changed my first name from "V" to "T" through my marriage certificate. After divorcing, I retained the first name "T" and obtained a court order changing my name to "T, Maiden Name" in Maine. I also updated my social... View More

0 Answers | Asked in Divorce and Family Law for Indiana on
Q: Can I file for annulment in Indiana after a finalized divorce?

I finalized a divorce 5 years ago in Indiana after being married for just a month. At the time, my family did not give their permission for the marriage, and there was a significant age difference between us. I now live in Arizona and want to know if it's possible to file for an annulment of... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Can my child's father have rights without being on the birth certificate or paternity test?

Can my child's father have legal rights over our child if he is not listed on the birth certificate, hasn't taken a paternity test years after the child's birth, and there have been no legal proceedings initiated regarding custody or paternity? We've had our current arrangement... View More

0 Answers | Asked in Child Custody, Family Law and Domestic Violence for Indiana on
Q: Can I sign over custody to avoid court costs and maintain communication?

I have had sole custody of my 16-year-old daughter since my divorce in 2014, with her father receiving state guideline visitation. My daughter was sensually abused by his girlfriend's son when she was 6, yet he is still with her. Recently, my daughter decided to live with her father, possibly... View More

0 Answers | Asked in Child Custody, Civil Litigation and Family Law for Indiana on
Q: Mother refuses to follow custody agreement in Indiana.

I have 50-50 custody of my son, but the mother is refusing to surrender him despite past threats against the children and CPS involvement. She has not shown up at the designated drop-off location—the sheriff’s department—for two years. I've documented these instances and called the... View More

1 Answer | Asked in Civil Rights, Criminal Law, Employment Law and Family Law for Indiana on
Q: How can I get a handgun in Indiana without a fixed address for self-defense?

I am a homeless resident of Indiana, without a fixed address due to a divorce, and I've been assaulted multiple times, including a recent severe attack where I was maced, beaten, and almost set on fire. I wish to purchase a handgun for self-defense, but I am unable to comply with the... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation presents significant challenges, but there are potential paths forward for legally obtaining a handgun in Indiana despite your homelessness.

Indiana does not require a license to purchase a firearm, and as of July 2022, the state permits constitutional carry for eligible...
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1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Indiana on
Q: Can I strip my abusive ex's parental rights after our baby is born in Indiana?

I am currently pregnant and not married. My boyfriend and I broke up after he physically assaulted me while pregnant, and I pressed charges against him. He also broke into my home, leading to a no-contact order being placed. I have previous charges filed against him for breaking and entering, and I... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 11, 2025

Since you say you are not married then he currently has no parental rights to your child. However, if he goes to court and establishes paternity, then he would have rights. However, even after paternity is established the court can make visitation supervised or not at all if he is a danger to the... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Civil Rights for Indiana on
Q: My public defender Told me to admit The allegation, He said we're not gonna win. but their proof wouldnt have proved it

My public defender talked me into admitting.The allegation was true. He said we're not gonna win.We're just gonna have a mad judge and be in the same Situation if you continue to to deny it. But the Evidential proof the other side had wouldn't have proved anything.

James L. Arrasmith
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answered on Feb 9, 2025

It sounds like you were pressured into admitting something you believe wasn't proven. That can be a frustrating and overwhelming experience, especially when you feel like you didn’t have a real choice. Public defenders are often overloaded with cases, but that doesn’t mean you should have... View More

1 Answer | Asked in Estate Planning, Family Law and Civil Rights for Indiana on
Q: My dad is he recently passed & his friends are telling me I'm not aloud on his property to get my thing

Nor am I getting anything from my dad inheritance

James L. Arrasmith
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answered on Jan 21, 2025

I'm very sorry to hear about the loss of your father - losing a parent is incredibly difficult, and dealing with property issues during this time must be adding extra stress.

If your father had a will, you should obtain a copy from the probate court in the county where he lived. This...
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1 Answer | Asked in Family Law, Tax Law, Child Custody and Child Support for Indiana on
Q: Can I be held in contempt of court for not filling out the 8332 form when it comes to taxes

Our court order states that we are supposed to alternate tax years I never fully agreed to this because I didn't think it was fair because I'm the one that does 98% of care for our child he pays child support that he was forced to pay and that's it and I need the money more can I be... View More

James L. Arrasmith
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answered on Jan 12, 2025

If you don’t complete Form 8332 as your court order requires, the court could potentially hold you in contempt. Courts take their orders seriously, and not following them might lead to legal consequences.

Since you’re providing most of the care for your child and need financial support,...
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1 Answer | Asked in Family Law for Indiana on
Q: What type of lawyer to seek for legal advice on getting custody of sister's children? They are homeless and have no job.

I am writing this on behalf of my brother, xx, and little sister,xx and myself. I live in South Carolina, but my siblings above live in the area or close to the area of your practice. Our parents live in Whitheland, Indiana (Johnson County).

A little over a week ago, our other sister's... View More

Erik Carter
Erik Carter
answered on Dec 16, 2024

Your siblings, either collectively or individually, will most likely be better served by requesting a consultation with a family law lawyer and discussing the details and specific goals to develop a strategy or strategies to help these children.

1 Answer | Asked in Family Law and Social Security for Indiana on
Q: Can a brother or sister determine how another sister leads their lif such as pay their bills?
James L. Arrasmith
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answered on Dec 11, 2024

Generally, siblings don't have the legal right to control how their brother or sister manages their life or finances unless specific legal arrangements are in place.

If you're concerned about your sibling's ability to handle their own affairs, they would need to grant...
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1 Answer | Asked in Estate Planning, Family Law and Health Care Law for Indiana on
Q: Who is in charge of the care of father in law, his only child has passed away? Myself, his daughter in law? Grandkids?

My husband passed away last year. Father in law is very ill. Am I the care consultant for my father in law since his only child has passed away? Am I responsible for my father in-law in medical decisions and life after death? Burial? Funeral? His estate?

Robert York
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answered on Nov 16, 2024

The answer depends in great part on whether your father-in-law has already executed documents such as a Power of Attorney or Advance Directive. If he has not done so, Indiana statute 16-36-7-42 provides in brief summary that A friend who: (A) is an adult; (B) has maintained regular contact with... View More

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