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Indiana Family Law Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Indiana on
Q: How do I file a min entry

Guardianship case for my son I want it back but I'm going to ask for visitation and want to file a letter from my doctor. And state that we have a good safe living environment for him here

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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0 Answers | Asked in Family Law and Child Custody for Indiana on
Q: What rights do I have over my 3 year old daughter when my mother has guardianship over her. Can I bring her home?

We are saving money to take my mother to court to get my daughter back. I signed over guardianship to my mom thinking she would have her best interest at heart but she refuses to let me have her back now that I'm in a better place. I want to know what rights I have and if I can bring her home... View More

0 Answers | Asked in Family Law and Small Claims for Indiana on
Q: I would like to be emancipated at 16
0 Answers | Asked in Child Support, Estate Planning and Family Law for Indiana on
Q: Can my ex girlfriend take my inheirtance for child support with an IWO from my mothers finally estate heir distrubution

every one else got there shares i had given to my eldest son as a irrevocable trust which the judge said was null and void??? which isn't the Indiana law I've been reading. how to I go about suing the county? The children in question are 18,19 and in college paid by my Ch. 35 benefits i... View More

0 Answers | Asked in Family Law for Indiana on
Q: Would I be able to get emancipated as a 16 yr old because of family drama?

I have been through court with my family over custody for 7 years. I’d like to live on my own and not be involved with the family drama. It has taken a toll on my mental health such as depression insomnia and anxiety and paranoia. My grandfather has very extreme anger issues and I’d personally... View More

0 Answers | Asked in Family Law and Child Custody for Indiana on
Q: I'm 16 years old and I live in Indiana. Is it legal for my parents to take my computer?

For little or petty reasons, like going on silent on my computer. I do online school and I am pregnant and they have stopped me from completing school on the weekend when I seriously needed to. They have implemented more rules like going to bed when they go to bed, turning my computer in at 10 and... 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

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

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

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