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Indiana Family Law Questions & Answers
0 Answers | Asked in Family Law for Indiana on
Q: I don't have money for a lawyer and want to terminate a guardianship. How do I go about this?

I have a stable job, my own car, the kids will have guaranteed heath insurance through my job, I live in a home where they will have their own bedrooms. I am almost 2 years sober and have completed 30 days of rehab, 6 months of sober living and 1 year of probation no issues.

0 Answers | Asked in Family Law and Child Custody for Indiana on
Q: My ex and I have an agreement signed in court for our son who is 4. He takes him 3 days a week and I get 4.

He recently got 2 makeup days but there was a major communication fail because I was to pick up our son on my way home and after calling and texting him the Night before and the day of he wouldn't respond to me which made me miss a day with our son and then he ended up staying another night... View More

0 Answers | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Indiana on
Q: Have a criminal case that has multi issues and has became even more. I would prefer phone or video to make sure that not

The county that allegedly things took place due to the power positions that are also in hand.

0 Answers | Asked in Family Law for Indiana on
Q: Can non-custodial parent claim SSDI benefits on minor?

I have sole custody of my 2 children. I found out that the non-custodial parent applied for SSDI benefits on my oldest child (he is autistic). Is this allowed? I was under the assumption SSDI on minors could only be paid to custodial parents?

0 Answers | Asked in Family Law, Civil Litigation and Domestic Violence for Indiana on
Q: I moved in with a man after three years of dating. We lived together two years in which he began abusing me in every way

He kicked me out, I lived in my car for 5 days and am now with family. The house was only in his name (purchasing), however I paid him rent every month which he changed most every month and I paid cable. He took my house keys the night he kicked me out because he was drunk and belligerent and will... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: How do I go about filing for support and full custody?

I have sole physical and legal custody of my daughter. We signed a paternity affidavit but the father never took the dna test to get joint legal.He doesn’t wanna pay child support and is insisting on 50/50 custody even though when we lived together he didn’t care for our child. He doesn’t... View More

0 Answers | Asked in Appeals / Appellate Law and Family Law for Indiana on
Q: I need to know how to file a appeal I need to complete it by filling it out and I have to have it sent in by July 1

I'm worried about getting it filled out more than representation at the moment once it's approved then I'll need representation. I was unaware I could file a appeal on a tpr case which is why there is such delay in this matter. My rights were violated and I wasn't able to speak... View More

0 Answers | Asked in Family Law for Indiana on
Q: My mother passed away and my father gave his new wife my mother's diamond. My mother had left me this ring but my dad's

Widow kept it until her death at which time her brother took it for his wife. Any recourse for me?

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.

2 Answers | Asked in Family Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Indiana on
Q: My soon to be daughter in law's mother refuses to hand over her birth certificate. She was born in a different state.

She moved out of an abusive home as soon as she turned 18, less than a year ago. My son and her are expecting their first child and she needs her birth certificate in order to get state health insurance for prenatal care. Her abusive mother refuses to turn over her birth certificate, and it's... View More

James L. Arrasmith
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answered on Jun 21, 2024

1. Obtaining a birth certificate from another state:

- Most states allow individuals to request their own birth certificates online, by mail, or in person at the vital records office.

- She doesn't need her mother's permission to obtain her own birth certificate, as...
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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.

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