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Indiana Child Custody Questions & Answers

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 »

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

Q: I am married with a child and i havent heard or seen from her father in almost 3 years. Doea he have any rights.

The night he left his family beat me and my sister and we had to get pictures of our body taken at the police station

William J Webster answered on Aug 1, 2018

First, I am sorry to hear about the domestic abuse. Unless the Court terminates parental rights which is usually done in adoption cases or cases where the children are removed from the parents by the State. Therefore, unless there is an adoption, your husband will always have parental rights.... Read more »

1 Answer | Asked in Child Custody for Indiana on

Q: I pay child support-her father decided to let her try for her GED at age 16--- does this require me to keep paying

Alexander Florian Steciuch answered on Jul 24, 2018

For purposes of child support, Indiana law (IC 31-16-6-6) considers a child emancipated if the child:

is age 19;

has joined the United States armed services;

is married;

is not under the care or control of either parent or someone else approved by the court; or...
Read more »

2 Answers | Asked in Child Custody and Family Law for Indiana on

Q: Do I have to hire a lawyer to modify custody arrangements?

I have joint legal custody. My twin 12 year old daughters live with their father,his mother and father. I want them to be able to have equal time with me and them.

Ronald J. Eisenberg answered on Jul 10, 2018

Check with an Indiana lawyer, but most states allow a party to file such a motion pro se. That being said, you'd be well advised to hire a lawyer for this important matter.

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

Q: If I have a signed letter stating the farther of my daughter signs his rights away and it’s notarized is that enough

If I have on the document he is no longer responsible for any past financial responsibilities and future responsibilities and that he is signing his rights away for my daughter and have it notarized with both myself and the father of my daughter present will that be enough or is there something... Read more »

Alexander Florian Steciuch answered on Jun 14, 2018

No, this is not enough. A father cannot terminate his obligations to his children by signing a piece of paper and having it notarized. A court order is required to terminate parental rights. A person cannot unilaterally without court involvement terminate parental rights.

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

Q: I currently live in Indiana and I’m wanting to move to Kentucky with my kids, I have full custody, can I move?

Timothy Denison answered on May 14, 2018

If your divorce agreement or decree does not state otherwise or require you to seek approval of the court before moving , and you have sole custody of the children, you should be able to move without incident. You will likely have to either agree or go back to court to revise thrvisitation... Read more »

1 Answer | Asked in Child Custody for Indiana on

Q: My boyfriends ex was given legal custody to his son in indiana. Then she moved giving 2 days notice and no notice to

The court. According to what ive read on indiana parenting time she was suppose to give 90 days notice to him and the court. We havent see him since september 2017. She moved to florida. And is under investigation by DCS because her husband is physically abusive. This is her second case with... Read more »

Alexander Florian Steciuch answered on Apr 27, 2018

This issue should have been raised with the court that granted him custody back in 2017 when it first happened. Disobeying a custody order is grounds for contempt of court and can result in imprisonment. You need to consult with a family law attorney who handles child custody as soon as possible.

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