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Indiana Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: My ex and I share joint legal & physical custody of our daughter. Whose address is her legal address?

Our divorce decree does not state whose address is her legal address. My address is used for health insurance as I carry it and her dad's address is used for school. She will be getting her license soon and we are not sure what address should be used.

Troy Tyson
Troy Tyson answered on Jan 20, 2020

You should consider modifying the decree to explicitly state the Child's formal address. This could continue to cause problems down the line.

1 Answer | Asked in Child Custody and Child Support for Indiana on
Q: Is it possible to waive child support with 50/50 custody

Or is it possible for the parent that has custody to waive child support

Troy Tyson
Troy Tyson answered on Jan 16, 2020

The parties may sometimes waive a child support obligation, if both parties are in agreement on that. However, it would need to be approved by the judge.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: my boyfriend would like to get custody of his daughter. she is 10. the mother signed her rights away to her parents.

when the court date took place before, they did not tell him when it was so he could not appear to get a say at all. for 5 years he was left with no contact or visitation.

Troy Tyson
Troy Tyson answered on Jan 11, 2020

If your boyfriend can prove that he was never properly served or notified he may have some recourse. Speak with an experienced family law attorney ASAP to see what your options are.

1 Answer | Asked in Child Custody for Indiana on
Q: Do I have full custody of my son if his mother lost custody due to failed drug tests during her neglect case or no?

My son's mother was charged with neglect after the police kicked her door in and arrested her boyfriend for drugs. She was arrested the same night for neglect. She has failed 2 drug tests for Meth since then and the last resulted in the loss of her kids for 90 days. I now have my son and her mother... Read more »

Troy Tyson
Troy Tyson answered on Jan 9, 2020

Your question leaves out several important details that make it difficult to give a comprehensive answer (for instance, was there already a custody order in place? If so, what did it say? Is DCS involved?). In general, however, merely having the children placed with you due to the mother's neglect... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: Me and my wife want to get custody of my little brother he is 14. He wants to live with us. Can we get custody of him?

He is unhappy at home.

Troy Tyson
Troy Tyson answered on Jan 2, 2020

It is possible, but whether a judge would grant you custody (or a guardianship) would be based on the "best interests of the child," and would depend on a whole range of factors which are too difficult to go over in a question-and-answer format such as this. You should definitely consider sitting... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Do be I need a child/family lawyer to get legal rights to my children

I need help I'm in Lafayette Indiana and my 2 children are in Jamestown Tennessee and I am trying to get legal rights to my children.

Troy Tyson
Troy Tyson answered on Dec 31, 2019

Your questions leaves out a lot of important details regarding your situation, but yes, in general, you should certainly seek the assistance of an experienced family law attorney to help you with this situation.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: Where can I find in the guidelines or law about child support for split custody?

We do not have joint custody. I have custody of the oldest, my ex has custody of the two younger. Where in the guidelines does it address split custody child support?

Troy Tyson
Troy Tyson answered on Dec 24, 2019

Your situation would be addressed directly by the Indiana Child Support Calculator, which takes into account any additional child support obligations of either party. Hope that helps.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Is there anything that can be done if the father of a child keeps calling child protective services making false accusa

Almost weekly he is doin this and every time it's substantiated. But DCS protocol is to investigate every report that comes through. So they said unfortunately they have to do their part each time

Troy Tyson
Troy Tyson answered on Dec 20, 2019

I think you meant that every time it's "unsubstantiated," meaning no basis was found for the charges. This is, unfortunately, something that happens from time to time. What DCS told you is generally correct, that they have a duty to investigate the charges that are lodged with them.

1 Answer | Asked in Family Law, Divorce and Child Custody for Indiana on
Q: What is the statute in indiana that is fir dissolution of marriage and domestic relation.

I am filling a motion to establish joint custody and visitation if this helps.

Troy Tyson
Troy Tyson answered on Dec 19, 2019

The section of the Indiana code that deals with dissolution of marriage is I.C. 31-15.

Hope that helps.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can I move my child out of state without the father and/or his permission?

Our baby was born out of wedlock and we do not live together but both of us signed a paternity affidavit. Being her physical custodian (no court order stating otherwise), am I allowed to move both me and her out of state without the father or his permission?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 5, 2019

Based on the information provided in your question if paternity has not been established by the court via a paternity court order and no parenting time has been established you can move.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Who has physical &/or legal custody of a child born out of wedlock among parents that dont live together? Mom or dad?

Both signed a paternity affidavit and there's been no court order, trying to not go through the process of needing one.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 2, 2019

Based on the information provided in your question the Mother is the physical custodian of the minor child born out of wedlock unless a court order says otherwise.

1 Answer | Asked in Child Custody for Indiana on
Q: How do i get my license back if they are suspended for back child support
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 29, 2019

get in touch with the local IV-D prosecutor's office and work out a payment plan and they will send something to the BMV to lift the suspension.

1 Answer | Asked in Child Custody for Indiana on
Q: My ex gave me a warning he filed for 50/50 custody but he is making me primary adult. Can i decide on the school?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 19, 2019

Based on the information you provided in your question and your current situation it seems you will have joint legal custody and you will be the primary physical custodian of the child. You still have to agree on the health, religion, and educational needs of the child, so you have to agree on the... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: When a custody order is in place between the parents does that include the parents families as well?

My ex states that his parents have just as much legal right to visitation with our children as he does and he states that I have to follow the visitation order that is between him and I with them as well. The custody order has me down as the person with sole physical custody, he and I share legal... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 8, 2019

Based on the information you provided and the situation, the Father of your children has parenting time not grandparents, if he wants to allow visitation during his time he can, but you do not have to make accommodations just for them to visit with children unless specifically outlined in the... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My wife recently left when i was at work and took our 1 year old son. She wont let me see him at all. What can i do?

Nothing has been filed with the courts. No divorce paperwork has been filed. We weren't talking about getting a divorce before this. As of right now neither one of us have custody over my son as i understand it, since we were married when my son was born. Is there anything i can file to gain... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 8, 2019

Based on your question I would need more information to give you the proper legal advise. Was this as a result of a paternity action or a divorce? What type of custody do you have of the child?

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Communications Law for Indiana on
Q: My ex monitors ALL convos between child/me & used transcribed recording as evidence, lying about origin. What can I do?

The recording was from a landline, when the child was home alone. Child & I talk across state lines. Ex also monitors all online activity & shows up places where I’m to drop off child for extracurricular activities.

Bradley Banks
Bradley Banks answered on May 13, 2019

In Indiana only one side of a call must consent to it being recorded.

1 Answer | Asked in Child Custody for Indiana on
Q: What is the statute of limitations for Indiana?

I have 2 children ages 6 and 4 that the father never did a paternity test or an affidavit, he can not legally do so anymore without my consent correct?

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Apr 3, 2019

This is incorrect. In Indiana a father can fill out a paternity affidavit at any local health department anytime before the child is emancipated or turns age 19, as long as no other father is listed on the birth certificate. Furthermore, a father could always petition a court and obtain a court... Read more »

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Indiana on
Q: I struggle with severe family issues yet CPS dont do anything on lack of evidence. I am 17 (18 in Oct) can I move out?

I'm the oldest of 4. Me and the second oldest have same dad but the other 2 have different dads. We've had issues growing up from abusive homes to moving from evictions. I started being a suicidal and depressed mess with severe anxiety at a very young age. Child services never do anything. My... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Mar 11, 2019

Consult with a family law attorney to discuss your options, including emancipation.

1 Answer | Asked in Child Custody and Divorce for Indiana on
Q: My son is seeking a divorce from his mentally unstable wife of 7 years. His work schedule is from 8-5 what does he need

Do to get this done. He has custody of the kids right now and is seeking for full custody.

William J Webster
William J Webster answered on Feb 26, 2019

Your son needs to contact an attorney to set-up an appointment to discuss his case and determine what steps need to be taken going forward.

Each case is unique, so it's difficult to provide an answer without knowing more facts about your son's case. We offer free consultations, so feel...
Read more »

1 Answer | Asked in Child Custody and Child Support for Indiana on
Q: Can you file for child support in any county? Or only the county you reside in?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on Feb 26, 2019

Child support is a statewide system, so it doesn't matter if one parent does not reside in your county. You should be filing in the county you reside in to establish child support.

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