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Indiana Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: how can i find a low cost lawyer,

my sons father has custody, he has been living with his grandmother and i just found out that his dad has moved back in his grandmas and he and his wife are on meth and i have messages from his wife stating the drug use, the fact they do not have jobs and that they had to move back into the... Read more »

Troy Tyson
Troy Tyson answered on Jun 17, 2021

You'll want to look into legal aid or pro bono organizations in your area. Most cities/counties have at least one such organization, and if you qualify, you should be able to find competent attorneys willing to help you with your case. Hope that helps.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Unmarried couple with 2 kids. House and vehicles only in my name. Can she take one vehicle and I'll pay for it?

If she takes one vehicle, does that subtract from child support or do I pay for it still plus all of the child support?

Troy Tyson
Troy Tyson answered on Jun 4, 2021

Unmarried couples who are trying to split property face different challenges than those going through a divorce. You should speak with an attorney who can look at your situation in more detail and lay out a path forward.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: I have a support order in Indiana but ex lives in new state of Georgia, how do I know which state she filed in?

I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... Read more »

Troy Tyson
Troy Tyson answered on May 6, 2021

If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Could there be repercussions for forgoing make up parenting time? Do I have to have a reason to forgo?

I offered custodial parent an opportunity for additional parenting time, which was accepted. I don’t have an acceptable time in which to schedule the make up time, so I am opting to forgo the two days I lost.

Troy Tyson
Troy Tyson answered on May 6, 2021

If it happens just one time, you're fine. You don't want it to become a pattern, though, because the custodial parent could try to use that behavior against you to suggest you are not interested in using all of your parenting time.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My daughter's father and girlfriend are denying me of getting and spending time with my daughter we haven't been to cour

I have video proof of my daughter's father and his girlfriend being high while they have my daughter letting another kid hit my daughter out of anger my daughter's father coming at me rude and defensive in front of the kids

Troy Tyson
Troy Tyson answered on Apr 15, 2021

You can consider filing an action for contempt and possibly a modification of custody. It would be a good idea to sit down with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Indiana on
Q: My son's daughter's mother is crazy

My son's baby mamma acted on text massages saying she was going to find and hurt his new gf , she came in to my home and beat her while she knew she was pregnant. She is in jail cps found her and her mother unfit to have my grand baby and gave my son guardianship. We want full custody how... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Mar 15, 2021

Your son should contact a local family law attorney to discuss his options and the best way to move forward with custody.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can an Ex spouse make me or my bF produce text messages between him and I to use in contested custody Indiana Case?

We have been dating a year, they have been divorced 7 years and my presence has caused a heated court battle that I keep getting dragged into. I do not want my personal messages between us in court or her hands. Can I fight this as I am not a party in their custody battle.

Troy Tyson
Troy Tyson answered on Mar 11, 2021

That really depends on the specific facts of the situation and what evidentiary objections you may be able to present. This can be a complex issue, and you should seriously consider sitting down with an experienced family law attorney to go over your options.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: If i get divorced from my childerns father can i take the kids out state with me to my parents house.
Troy Tyson
Troy Tyson answered on Feb 24, 2021

That will largely depend on the orders issued in your case. You should speak with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: If I’m the legal parent can I transfer a current guardianship to another person; a different guardian?

I’m currently trying to see if I can transfer guardianship of my daughter from her current guardian to my mother (her grandmother) and make her the legal guardian. Her current guardian has moved her out of state without my knowledge.

Troy Tyson
Troy Tyson answered on Feb 10, 2021

Your mother can file a petition to substitute or transfer the guardianship. The court will make a decision based on what it perceives to be in the child's best interests.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Can my x have his gf around my daugher

They will not tell me her name. And my x went against my wishes when I asked him to not have his gf around our toddler till I met her and was comfortable with it

Troy Tyson
Troy Tyson answered on Feb 10, 2021

That will largely depend on the girlfriend's background, and also whether you have a formal custody order in place (and what it says). You should speak with a family law attorney to discuss your case in more detail.

1 Answer | Asked in Child Custody, Child Support, Family Law and Criminal Law for Indiana on
Q: Do I have to pay child support if child has been removed from the home by dcs for the reason the mom kicked them out?

Mother is having felony neglect charges

Troy Tyson
Troy Tyson answered on Jan 25, 2021

That depends. It is possible, but usually that decision will be made by the court that is handling the DCS case.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What is the procedures for me to get my kid to live with me
Troy Tyson
Troy Tyson answered on Jan 25, 2021

If there is no court order in place, you need to file a petition to establish custody with your local court. If there is already an order in place, then you'll need to file a motion to modify that order. You should consider sitting down with an experienced family law attorney to discuss your... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can my husband ex keep him from seeing daughter because new wife?

She will not let him see daughter cause we are married with our own son an live together. She has sole custody an he has reasonable rights an pays child support. Isn't this contempt of court?

Troy Tyson
Troy Tyson answered on Jan 6, 2021

The answer would heavily depend on the specific facts of your case, but in most cases, parents cannot withhold children simply because the other parent has married. She may be in violation of the court's order. It might be worth your while to sit down with an experienced family law attorney to... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: A grandparent attains legal guardianship on a minor. Who pays child support to the grandparent? At what age does it end
Troy Tyson
Troy Tyson answered on Dec 29, 2020

Guardianship cases of this type can vary widely in regards to the child support provisions. However, the terms of child support should be clearly spelled out in the court's order granting guardianship to the grandparent.

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Q: Should I hire a lawyer for my divorce?
Paul Ylvisaker
Paul Ylvisaker answered on Dec 9, 2020

Always a difficult question because it does involve a financial commitment and often times emotions get in the way of rational decisions when it comes to separating a household.

If the divorce is amicable (rarely), there are no disareements about assets and debts (and your financial...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: What should I do if the other party isn’t paying child support that is ordered? She is almost $900 behind.

Will she lose her license? She is refusing me to talk to my children when she has them.

Troy Tyson
Troy Tyson answered on Dec 8, 2020

You can bring an action for contempt in the court that has jurisdiction of the case. The court will hold a hearing, at which point you would present your evidence, and ask the judge to hold the mother in contempt and force her to pay the money owed. I would recommend that you speak with an... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Can a divorce decree be altered years later when still dealing with minor children?
Troy Tyson
Troy Tyson answered on Nov 23, 2020

Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Having a court order, who can put a child in school?

My boyfriend and his ex have a court order in place giving him joint legal custody and gives her full physical, within the order, he can use his parenting time by picking up the child Wednesday night and bringing her back Friday night. He got a call from the mother yesterday telling him that she... Read more »

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If the parties share legal custody, then that means that both parents are entitled to participate in making decisions on things like schooling. She is required to speak to him first on those issues and allow him input, and she cannot make those decisions unilaterally.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: How does make up time work in Indiana?

If the custodial parent accepts extra curricular activities for the child like birthday parties etc can the non custodial parent ask for those hours lost in make up time?

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If one parent has lost hours they were entitled to, most courts are very flexible in allowing the parent to make up those hours when they can. This is something you should try to work out with the other party rather than taking it to court. If you are talking about one instance of make-up time that... Read more »

1 Answer | Asked in Employment Law, Family Law and Child Custody for Indiana on
Q: My ex works second shift and as a result I exercise extended parenting time when he works. He now wants to make these ho

and he is asking to make up the hours he is missing as a result of his working. Can he do this?

Troy Tyson
Troy Tyson answered on Nov 3, 2020

Your question is broken up so it is not exactly clear what you are asking. However, if the two of you are exercising a different parenting time schedule than what was initially ordered, then you may want to consider requesting a modification from the court, to make the change official.

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