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Indiana Child Custody Questions & Answers

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. 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. 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. 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. 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. 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. 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 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 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 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 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 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.

1 Answer | Asked in Child Custody for Indiana on

Q: I woke at a daycare and we have 2 parents that are in disagreement. I was wondering who has legal rights to pick up.

Both parents are on the birth certificate. Now that they are feuding mom is trying to keep dad from picking up and from seeing the child even though they have court documents of when hes aloud to have them. I was just wondering if there was anything I need to do. Are they Both Aloud to pick up... Read more »

Alexander Florian Steciuch answered on Jan 24, 2019

This is not your fight to resolve. If you have two parents who are both legally allowed to pick up the child and there is a court order stating that, you follow the court order.

1 Answer | Asked in Child Custody and Child Support for Indiana on

Q: If I got full custody of my children, would my ex still have to pay child support.

My ex husbands wages are currently being garnished for child support. He has my children every other weekend Saturday AM until they go to school on Monday mornings. He does not have his own home and stays at his sisters house or his fathers house when he has them and has lately been staying at... Read more »

Alexander Florian Steciuch answered on Jan 23, 2019

Custody and child support are two separate issues. A parent is always obligated to provide financial support to the child, regardless of whether or not they have custody of the child or even visitation rights. Obtaining full custody does not terminate child support. Child support only ends when a... Read more »

1 Answer | Asked in Child Custody for Indiana on

Q: Court order guardian ad litem for my costudy case . When will I know if a date or time will be set up . Do I have to cal

Alexander Florian Steciuch answered on Jan 8, 2019

You should be contacted by either the court or the GAL. However, it will not hurt to contact the court and ask just to be on the safe side.

1 Answer | Asked in Family Law and Child Custody for Indiana on

Q: Can my mom give me custody of my sister if my grandparents have guardianship?

My grandparents are in PA and that is where they got guardianship. My mom and I are in two different states. My mom never signed over custody when my grandparents got guardianship. I was wondering if my mom could sign my sister over to me so I do not have to take my grandparents to court?

Alexander Florian Steciuch answered on Nov 28, 2018

Your mother does not have custody of your sister. Your grandparents do. Your mother cannot sign anything over. If your grandparents are the legal guardians of your sister, this means there was a court determination that your mother should not have custody and your grandparents should.

1 Answer | Asked in Family Law and Child Custody for Indiana on

Q: Can I change my visitation schedule?

My current decree doesn’t have a visitation schedule, we are to work it out due to his work schedule. He works swing shifts and his schedule is never the same. I want to have set times due to his lack of communication and commitment to his time with her. I often get last-minute cancellations,... Read more »

Clarissa Finnell answered on Nov 27, 2018

Child related provisions are always modifiable. In order to modify the existing order, you would have the burden of proving there has been a substantial change in circumstances since the last order of the court warranting change you are requesting. I recommend that you have a family law attorney... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on

Q: How much rights do I have as a parent to deny a grandparent visitation?

Alexander Florian Steciuch answered on Oct 26, 2018

If there is no court order otherwise or shared custody agreement or anything else that would give the grandparents a legal right to visit or have custody of the grandchildren, you have the right to keep the children from the grandparents. The grandparents in turn have the right to petition the... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on

Q: I need to file for divorce. I’m sick and currently can not work due to medical reasons. He gives me no financial support

Betsy Walits answered on Oct 10, 2018

You can file and ask for a provisional hearing, during which you can ask for provisional support.

1 Answer | Asked in Child Custody and Family Law for Indiana on

Q: Will the courts grant sole physical custody of a child to a parent that still lives at home with their parents?

Fathers son wants sole physical custody of our son after recent break up, but he lives at home with his parents so he’s not fully taking care of his self, however I have been the primary caretaker to our son as well as my other child. Will the courts allow him sole physical custody just because... Read more »

Alexander Florian Steciuch answered on Oct 8, 2018

Living at home with your parents is not disqualifying for granting sole physical custody. That said, the determination of physical and legal custody are all done based on the best interests of the child. If the judge determines that sole physical custody awarded to the father is in the best... Read more »

1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Child Custody for Indiana on

Q: I was driving with my 4 year old the other day & she’d dropped a toy I tried to grab it while watching oncoming traffic

I had to try to grab it and I crossed the center of the road 3 times (again no on known traffic I was making sure 100%). When I got to the stop sign at the end kid tbe road, he turned his flasher light on (the officer) and arrested me for OWI on my prescription medications. He was mind enough to... Read more »

Andrew L. Bennett answered on Sep 11, 2018

If you are charged with a crime and a child is involved then yes CPS/DCS will be called. As you say you were picking up a toy, however, the officer did not see that and has to go based on what he observed. If he believes he has enough evidence to prove intoxication you have a serious issue on... Read more »

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