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Indiana Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Indiana on
Q: If the sheriff serves my husband divorce papers, will they know he has a warrant in GA?

We live in Indiana

T. Augustus Claus
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answered on Jul 6, 2023

The service of divorce papers by the sheriff in Indiana typically pertains to the divorce proceedings in Indiana itself. The sheriff's role is to deliver the divorce papers to your husband and ensure that he is aware of the divorce case in Indiana. However, it is important to note that the... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Service by publication forms
Heather L Franklin
Heather L Franklin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023

Service by publication for family law matters - including custody modifications - should only be used when you don't have an address for the other party or reliable contact information to get an address for them. The Indiana Trial Rule governing service by publication is Rule 4.13 and the rule... View More

1 Answer | Asked in Adoption and Family Law for Indiana on
Q: I am looking to do a step parent adoption for my daughter. Her dad hasn't been around for 11 years. I need cheap service

My daughter has not spoken nor been around her birth father for 11 years now. I don't have much money to spend but want my daughter to legally be my husband's child. She has been begging to do this and we just don't have the resources or know how to do it.

John Michael Frick
John Michael Frick
answered on Feb 27, 2023

If the birth father is in agreement with the adoption, a competent attorney with family law experience in or near the county where you live ought to be able to complete the adoption inexpensively—likely less than $5,000.

If the birth father objects, or you can’t locate him, it will...
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3 Answers | Asked in Bankruptcy and Family Law for Indiana on
Q: Hello, I am wondering, Can I sell my home in my name to my spouse if I plan on filing bankruptcy within a few months

We are recently separated, AND it would be for what is currently owed.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 15, 2023

Ms. Lipan's answer is correct, I think, as far as it goes.

Yes, for bankruptcy purposes (and some Indiana state laws), the amount you receive for your interest in property needs to be the fair/market value (and be able to prove that).

But there is another field of law to...
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1 Answer | Asked in Family Law and Appeals / Appellate Law for Indiana on
Q: If the tpr has filed and they took my parental rights and I've filed the appeals in supreme court.howdoufile us supreme

And they never ask family or a friend if they could take adoption or gaurdingship how do file for this

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

U.S. Supreme Court practice is among the most unique and highly specialized areas of law. Because the U.S. Supreme Court has discretionary jurisdiction, it chooses what cases it gets to hear and decide. In any given year, the court hears 50-60 of the 7,000-8,000 cases filed. So the vast... View More

1 Answer | Asked in Family Law, Tax Law, Civil Rights and Federal Crimes for Indiana on
Q: What's first step to prove that someone has power of attorney over me

I'm in fear for my life

Carli Jo Aelker
Carli Jo Aelker
answered on Nov 7, 2022

If you are wondering about the IRS, you can look online for third party authorizations on your IRS online portal or you can call and directly speak to a rep. via 1-800-829-1040.

1 Answer | Asked in Divorce, Family Law and Civil Rights for Indiana on
Q: My ex wife, asked me to take her back. Two months later, and nearly $800roughly, she tells me about her girlfriend.

She promised me my family could be together and that our kids could be sisters again. I live in Indiana. Idk what I can do. If anything. She's very abusive and I could list the things I've gone thru that I have proof of. I have text messages of her promising me, not me asking her to... View More

Betsy Walits
Betsy Walits
answered on Oct 15, 2022

I no longer practice law and am only finishing up a few cases so I cannot assist you, I can only state basic principles.

I don’t understand the “$800 later”. If you only put 800 out of pocket consider yourself lucky.

If you want to sue her fraud you probably could, but the...
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1 Answer | Asked in Divorce and Family Law for Indiana on
Q: I am wanting to file a seperation / protective order how does this work

Is he allowed to come back to the property

Is he required to pay child support

Derrick  Storms
Derrick Storms pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2022

A Protective Order also called an Order of Protection can be filed in Family Court, Divorce Court, or Criminal Court. In order to exclude your spouse or significant other from the home, you will need to request an exclusionary order. This will require you to allege specific dates in your... View More

1 Answer | Asked in Family Law for Indiana on
Q: The sheriffs department has denied me copies of the autopsy pictures from my sons autopsy, how can I obtain them?

County coroners office says they did not take pictures of autopsy(only investigative pictures from the scene and they won’t release those) but the sheriffs department did take pics of autopsy. I have requested them and they denied them but I need them to have his case properly investigated.... View More

Charles Candiano
Charles Candiano
answered on Aug 15, 2022

You offer no explanation for asserting that you know autopsy photos exist or why the Coroner and the Sheriff would prevent you from getting them. The easiest way to memorialize your request for the documents is to make a FOIA request. Serve one on the corner and serve another on the sheriff.... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My ex and I have a temp order that ends in Aug. He begged me and begged for a year to let him move back to Texas

With the kids. I broke and let him. Now with me having same job same home for yrs and he had moved 4 times and was engaged twice within a year shows me he is unstable. What are my chances if getting full custody?

James A Hanson
James A Hanson
answered on Jul 9, 2022

There is much confusion about what "custody" actually means.

If there is an active case in Indiana for either Paternity or Divorce, then any party wanting to move out of Indiana is going to have the burden of explaining why that move is in the child's best interests....
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1 Answer | Asked in Adoption and Family Law for Indiana on
Q: Does having a closed dcfs case automatically disqualify someone from adoption?

My husband has a daughter, her biological mother has not seen or talked to her in a year and a half. I would like to adopt her through stepparent adoption. We know we would have to argue for her rights to be involuntarily terminated for abandonment. My issue is, I have a DCFS case because prior to... View More

James A Hanson
James A Hanson
answered on Jun 20, 2022

Based on the facts you provide in your question, it is likely you won't have much trouble with an adoption. However, because you have that CPS record, it would be helpful to hire a family law attorney to guide you through the process and iron out any wrinkles with the court regarding your... View More

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can the state still collect child support although the father has been paying me monthly and ive reported it?

I moved to indiana from cali. When i lived in cali, i had to apply for help as i had a min paying job and the father became the daycare as daycare was outrageously expensive. He did side jobs and gave me money. I reported this as well. We eventually worked out our differences and moved to indiana... View More

James A Hanson
James A Hanson
answered on Jun 10, 2022

Indiana does not allow retroactive changes to child support. However, you can explain to a court that payments were made to satisfy child support to eliminate arrearages.

You should probably get the child support re-calculated now that your financial and expense situations are different...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Soon to be ex scare tactics or?

Soon to be ex husband says his lawyer said he doesn’t have to prove me incompetent to get full custody just that he’s the better situation. In his mind he's the better situation because he's the money maker. I'm still however fully capable of taking care of my children and have... View More

James A Hanson
James A Hanson
answered on Jun 1, 2022

The fact that your ex has a lawyer only underscores the importance for you to retain an attorney and ask these detailed questions to that attorney in a confidential setting.

More generally, the legal standard in Indiana is the "best interests of the children" meaning that the...
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1 Answer | Asked in Estate Planning and Family Law for Indiana on
Q: My 89 year old father wants to get married to his 77 year old girlfriend who he has been dating for a year.

He now wants to include her in the will. He wants to make all the decisions on this and will not let his adult children help make this decision. He has some dementia, gets confused easily and should probably be in a nursing home. As of right now he had a will made out 7 years ago with me being the... View More

James A Hanson
James A Hanson
answered on May 22, 2022

Up front, it is important to remember that your father's property belongs to your father. He can give it to whomever he wants at any time.

With that said, the situation you describe does raise some red flags.

First, there is the issue of your father's capacity to make...
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1 Answer | Asked in Family Law for Indiana on
Q: I live in Indiana and my ex is keeping my children from me. She said her Attorney told her to do this, no court order

My ex (never married) is keeping the kids from me, she told me and an officer that an attorney advised her to keep the children from me until visitation is put into place. I have signed the paternity affidavit for both my children and for my son we signed a form with the health department agreeing... View More

James A Hanson
James A Hanson
answered on May 22, 2022

Your situation is exactly why you need to get an actual parenting time order from an appropriate court.

In Indiana, a Juvenile Paternity (JP) case will legally identify you as the father of each child and will establish the parameters of both Custody and Support.

The fact that you...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Does suspended parenting time mean NO CONTACT?

My parenting time has been suspended pending a hair follicle test being submitted to the court and my ex-husband in Indiana.. does that mean NO CONTACT? He won't let me speak to them by phone and has even changed my son's play station account password and email so I can't send vbucks.

James A Hanson
James A Hanson
answered on May 22, 2022

It is impossible to answer your question specifically with the information provided. Also, it would not be appropriate to provide more detail in this venue.

I would presume from what you have shared that the Court simply suspended in-person parenting time. You should read the actual order...
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1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: How do I file a motion to consolidate my custody hearing for two children on two separate houses?

Both parent are attending eachother hearing in cahoots to alienate me from my child with various accusations. I would like to consolidate the cases so that I do not have to go from court to court, and can go to the same hearing and court for both children

James A Hanson
James A Hanson
answered on May 22, 2022

There are rules of procedure that make this theoretically possible, but it is not at all common in practice.

Your best bet would be to hire an experienced attorney who can put together a compelling argument for why the Court should at least consolidate the evidentiary hearings for the two...
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1 Answer | Asked in Family Law and Adoption for Indiana on
Q: My issue today is I just received legal papers requesting my permission for my daughter's father & wife to adopt my gra

I currently live in Texas and have been helping my daughter with her (currently 4yo) son since he was born, even though she lived in Oklahoma. I even kept her son in Texas for 6 months while she got on her feet. After the 6 months, she took her son to Indiana where she had her father & other... View More

James A Hanson
James A Hanson
answered on May 22, 2022

Your situation is complex and requires the dedicated attention of an experienced attorney.

You can be assured, however, that adoption is serious process with constitutional implications. Your daughter will have to be notified of any adoption proceedings and will have to be provided an...
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1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Indiana on
Q: Can I stay after eviction n also appeal I didn't n couldn't make court this landlord throwing me out
Tim Akpinar
Tim Akpinar
answered on Mar 30, 2022

I'm sorry your question remains open for two weeks on such an urgent matter. This is something that an Indiana landlord-tenant attorney would have insight into. The question was overlooked under Personal Injury and other categories. If you haven't done so already, you could reach out to a... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Indiana on
Q: Does a witness have to take the stand in court if she is married to the defendant ?

As well as the witness feels like she can't go through with it , and is also the victim of the case ?

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 1, 2022

If subpoenaed to court, then the spouse needs to appear so as not to be in violation of a court order that could result in her arrest. That being said, depending on the circumstances of what she would testify to, the spousal privilege may limit or prevent her testimony. She should contact a... View More

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