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Indiana Family Law Questions & Answers
0 Answers | 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.

0 Answers | Asked in Family Law for Indiana on
Q: Court orders

When child support was established, there was court order saying I was to claim my child each and every tax year. Dated back to 2012. I was taken off child support in 2019 and modification says

9. All other provisions not modified herein in the Agreed Order Establishing

Paternity... View More

0 Answers | Asked in Family Law and Child Custody for Indiana on
Q: I need help getting emancipated. Where can I get the forms? Do I file them with my mom or dad?

My parents separated and I have papers from each of them saying they no longer want guardianship.

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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0 Answers | Asked in Family Law for Indiana on
Q: Am wanting to have the judge change who can claim dependents on tax return. I just need to know what form to use.

just need to know what form to use to request judge change who can claim dependents on tax. I am custodial parent. i have gotten proficient in e-filings and representing myself, I just want to ensure I am using the correct form/draft for this one.

0 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Domestic Violence for Indiana on
Q: Can I file a motion to dismiss or modify a protective order when the referee issued it without hearing evidence

I had a criminal EPO on my ex-husband. He went and filed a civil one on me with a bunch of lies. We went to court and the referee said I’m not asking you if you agree with this I’m asking you if you can stay away from him for two years And then issued the EPO with paperwork that says I was... View More

0 Answers | Asked in Family Law for Indiana on
Q: My husband daughter and myself want to change our last name we can fill out our own paperwork but don’t understand

My husband is a permanent green card holder can he change his last name

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

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 Kristen 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

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