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Indiana Family Law Questions & Answers
0 Answers | Asked in Family Law and Elder Law for Indiana on
Q: please see the "more information" section.

My grandmother is in the hospital, and she has dementia. My father is her only living child be he is bed bound. Since he's the only living child he's the one in place to make the decision but he can't physically be present which the hospital is asking him to be. Is There a way that... View More

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

0 Answers | Asked in Family Law, Adoption, Arbitration / Mediation Law and Juvenile Law for Indiana on
Q: Am I able to get a contract drafted, legally binding, where my son's mother has to send pictures and life updates.

My son's mother wants me to sign my rights away, and allow him to be adopted. I've tried for parenting time modifications, however there are multiple complications. She will not budge on her stance. We've met with a guardian ad litem. Her recommendation to the judge was visitation... View More

0 Answers | Asked in Family Law for Indiana on
Q: My dentist just sent be a bill for over $3200 going back five years. Is this legal?

I kept asking if I owed anything on each visit. They replied they were waiting on insurance.

0 Answers | Asked in Civil Rights, Constitutional Law and Family Law for Indiana on
Q: DCS searched my area of the home with a police officer without a warrant or permission. 4th amendment violation?

Hello, so I live in the lower apartment portion of my parents house separated by our own door and deadbolt leading down to my area. The upstairs is occupied by my sister, her two kids, parents and my son. Older sister and her boyfriend (who doesn't live in the house) and her two daughters were... View More

0 Answers | Asked in Family Law for Indiana on
Q: I got two tickets i took care of imissed court but dcs is saying i cant get placement while the case is open?

Placement for nephew thats 5 ive raised since 2 months his mom fot him taken now hes 3 hrs away in foster an has been for almpst 5 months his mom is in jail but says she agrees with hin being placed with me i just need to fike guardianship to get into court to prove hes better off with me

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...
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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
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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 Family Law, Personal Injury, Real Estate Law, Libel & Slander and Landlord - Tenant for Indiana on
Q: married, but had someone else move in and now they wont leave. even after notice. they will sander me what to do?

im married going through rough spot. my other is staying with family. we are still legally married. we never filed for a legal separation or anything. i was dumb and had someone move in. now i cant get them to leave. i gave notice of quit. week after the date they are still there. they said it had... View More

Charles Candiano
Charles Candiano
answered on Sep 10, 2024

You said it. You acted foolishly. The police are the "law enforcement" officers. If you don't want the police involved, how can you expect any assistance from the judicial system? If an eviction Order for a restraining Order is entered against the person living in your house, who... View More

1 Answer | Asked in Family Law and Estate Planning for Indiana on
Q: Do I have any rights pertaining to my deceased father?

My father signed a POA before he passed leaving everything to his wife & her kids. His wife just passed away as well. I find no evidence of a will. I've contacted his lawyer to see if he had a trust but she won't respond. Do i have any rights?

Anthony M. Avery
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answered on Jun 5, 2024

POA ends at death of principal. The heirs probably own the real property, which may be the heirs of the wife. Hire an IN attorney to search the title and for assets.

1 Answer | Asked in Family Law for Indiana on
Q: Can cps keep my grandson from me because of a closed case I had 5 years ago and a drug felony that's 5 years old

My case was 5 years ago and so was my felony I graduated a inpatient rehab and drug court and been sober that long I need to get placement of my grandson please help me

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on Jun 3, 2024

Let CPS and the court know that you are willing to have a hair follicle drug test done to prove you no longer are on drugs.

If CPS won’t work with you on this send an e-mail to the judge saying you’re willing to take a hair follicle drug test to prove you’re not participating in...
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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 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

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

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