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Indiana Adoption Questions & Answers
1 Answer | Asked in Adoption, Constitutional Law and Family Law for Indiana on
Q: If a parent is in police custody and agrees to sighn over rights,what motion should be filed
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2024

In Indiana, if a parent in police custody agrees to sign over their parental rights, the appropriate legal action would be to file a petition for involuntary termination of parental rights in the appropriate family court. This petition is typically filed in the county where the child resides.... View More

1 Answer | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?

My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... 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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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 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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2 Answers | Asked in Family Law and Adoption for Indiana on
Q: Hello I need to find what forms i need to file with the court so my husband can adopt my daughter.

bio dad is not around hasnt been in over three years. i have two other children with my current husband.i dont think bio dad will try to stop it but i cant get ahold of him to sign his rights over im in indiana

Kurt Kazmierczak
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Kurt Kazmierczak
answered on Sep 21, 2021

You can get sample forms from the clerk, or possibly even at your county's website. Without the biological dad around to consent, there are things that need to be addressed with the court in order for this to have a chance at working. This is a scenario that can get very complicated very... View More

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1 Answer | Asked in Admiralty / Maritime and Adoption for Indiana on
Q: Can I get a case reopened when it did go in front of a judge and my rights was took and my children was adopted out

And I lost my rights when I was in jail and now I got a job and better myself my rights got took in 2020 and I been out of trouble and clean for a year so is there a way I can get them back

Tim Akpinar
Tim Akpinar
answered on May 19, 2021

Your question remains open for two weeks, probably because the Admiralty/Maritime heading you included got in the way of the main issue, which is adoption. Try reposting again, and only choose Adoption and Family Law as categories. If you still don't receive a response, you could reach out to... View More

1 Answer | Asked in Adoption and Juvenile Law for Indiana on
Q: Can a 14 year old girl runaway from home and not get in trouble?

I’m 14 years old That lives in Indiana and I don’t want to live with parents anymore. They mentally abuse me. They control my life and don’t let me express myself. They always shut me down and always threaten me that they will hit me. I’m tired of waking up everyday and hearing they yell at... View More

Joel D. Hand
Joel D. Hand
answered on May 1, 2020

The short answer is “No”. You cannot run away from home without running the risk that you will find yourself in juvenile court for a juvenile delinquency matter. You could be placed on juvenile probation and have many consequences imposed by the judge.

However, you really should reach...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Indiana on
Q: I need advice getting out of my grandmas house she’s mentally abusive towards me n I’m at my breaking point

I can’t go back to my moms yet untill an old step parent of mine is gone my boufriend has offered to talk to his mom and let me stay there but I don’t think I can leave with out her calling the cops after a while sayin I’ve run way and I do t wanna be charged for runaway when I wanted to get... View More

Kurt Schnepper
Kurt Schnepper
answered on Feb 25, 2020

It sounds like DCS is involved with your family, or was involved anyway. If my assumption is correct, I'd suggest you reach out to your caseworker and talk to them about your situation. But if you feel you are truly being abused then you should call 911, or contact any attorney who would make... View More

1 Answer | Asked in Adoption and Family Law for Indiana on
Q: Do I need a lawyer for my husband to adopt my daughter?

My husband of 9 years wants to adopts my daughter. Her biological dad hasn’t been involved since day 1. she’s 14 , he’s never paid child support and no order in place for it. They’ve never even met, except once when she was first born. He’s not listed on the birth certificate. Do I need... View More

Troy Tyson
Troy Tyson
answered on Dec 20, 2019

Even in a situation like this, where it appears you have a lot of points going in your favor, the adoption process can still be quite complex. You would be well served to at least speak with an experienced attorney to get a thorough review of your case.

1 Answer | Asked in Adoption, Family Law and Military Law for Indiana on
Q: What has to be done to get out of a military contract prior to going to naval academy.

My brother in-law just turned 18 and is about to go to naval academy. The thing is he never wanted to be in the military. Both he and my wife lived in an abusive adopted household and he was forced to enlist. He only just turned 18 and finally moved out, he is willing to do all most anything, even... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Aug 1, 2019

Based on the information provided in your question he would have to contact the school if he is to attend college, if he has an enlistment contract he would have to talk to the recruiter who signed him up to try and void it. If her can't by the time he is supposed to leave I would advise him... View More

1 Answer | Asked in Adoption, Child Support and Family Law for Indiana on
Q: Can I legally get back child support for my daughter prior to her adoption by my husband?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 16, 2018

Assuming your attempts to collect back child support are within Indiana law, yes. Please be aware that there are statute of limitations for collecting back child support after a certain age, emancipation or adoption.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Indiana on
Q: Help with absent father who threatens court with me.

My daughters father has not paid child support, he goes months without contacting her, shes 2, and months without seeing her. He will text me a couple days before he wishes to see her and when i tell him that i have plans he gets upset and says that its my fault he doesn't have a relationship... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 26, 2018

When you get married and your significant other wants to adopt the child you must first terminate the biological parents rights first and then put the adoption through. The termination can be consented to or contested and if contested then a hearing will have to be conducted to see what is in the... View More

1 Answer | Asked in Child Custody and Adoption for Indiana on
Q: Trying to get guardianship of my friends son. He's lived with me for 2 years now. But I don't know if the dad will

How would I go about doing it, if the dad won't sign. He hasn't been in his life since the boy was 6months old. He is now almost 3.

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 19, 2018

Based on your question it sounds like you need to file a motion with the court for guardianship of the minor child. If the Father is contesting it then the court will decide what is in the child's best interest. That is the standard in Indiana, the child's best interest in matters like... View More

1 Answer | Asked in Adoption for Indiana on
Q: Does the breed of my dog stop me from being able to adopt my brother?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Jul 24, 2017

In adoption like any other matter relating to child custody, almost everything is is considered. Everything must be done in the best interests of the child.

So is the breed of your dog relevant to adoption? It could be. The history of your dog's temperament is probably more important...
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1 Answer | Asked in Adoption, Child Custody and Child Support for Indiana on
Q: I have fought for custody with my ex and his wife for 5 years. I pay over$1000 a month. I need to sign over rights.

I have a third child and his father hasn't worked in over 2 years so doesn't pay support. I can't properly support him. I also barely have a relationship with my older 2 and feel like they would be better off not feeling the struggle anymore. How should I approach this? I lost my... View More

Paul Stanko
Paul Stanko
answered on Apr 16, 2017

You can contact your ex's attorney if you are now pro se, and tell him or her that you are giving up the custody battle. I am sure that the other attorney will be happy to draft the necessary paperwork. Be very aware that the other attorney is not representing you.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Indiana on
Q: Can I represent myself in the termination of my children's fathers' rights and have my husband adopt them?

Bio father has not seen them in 6 months nor has paid child support in 6 + mo. He has an active warrant. His where about is unknown.

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Apr 4, 2017

Yes, you can represent yourself. I would not advise it as having an experienced family law attorney guide you through the process can make it go more smoothly and generally move along faster. However, that is your prerogative.

If you have remarried and your new husband wishes to adopt your...
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1 Answer | Asked in Adoption and Family Law for Indiana on
Q: My soon to be husband wants to adopt my 4 month old daughter. Can the father give up his rights.
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 14, 2017

Congratulations on your future nuptials. After you are legally married, your new husband can adopt your 4 month old daughter. The biological father can give up his rights by consenting to the adoption or refusing to contest the adoption.

It can be much more complicated than that if the...
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1 Answer | Asked in Adoption and Child Custody for Indiana on
Q: I am a female married to a female can both of us legally sign the birth certificate?
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Mar 14, 2017

Yes. This was actually litigated and decided on in the past year. Indiana must list both spouses in same sex marriages as parents on their children's birth certificate.

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