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Indiana Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: How do you present text message evidence so it's admissible in court?

Myex filed a protection order as part of divorce dissolution. 14 pictures of sunburn entered as evidence. Have the texts stating I put sunscreen on the kids several times. Just want to show that to the judge. Also is sunburn really enough to keep an active father from his children for almost a... Read more »

Troy Tyson
Troy Tyson answered on Jun 29, 2020

If the text messages are communications between the parties to the case, you should be able to admit them with little trouble.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: What can I do when the other parent is breaking our custody court ordered parenting agreement?

I have joint custody and am the noncustodial parent. Child support is all current no problems but the mother of my son is changing on her own the court ordered visitation time. She has withheld my son once now and will again. How do I get someone to enforce the court order we have so I get my... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 23, 2020

Based on the information provided in your question you can file contempt on her via the courts.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My (current) husband and I are in the process of building a house, the mortgage loan is in his name...

However, the property is in both of our names. Infidelity on his part has caused me to research my potential options going forward and I would like to discuss my legal options. We have two innocent children involved in this mess as well. We live with his parents in one county (the same one we were... Read more »

Troy Tyson
Troy Tyson answered on Jun 19, 2020

The issues you raise are complex ones, and detailed answers would require a more in-depth review of your situation. It is possible, once a divorce is filed, to get through the process amicably and with little effect on the children. However, that largely depends on the respective postures of you... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Indiana on
Q: What is it called when a parent lies to the other parent about the child being in an emergency room? And what can i do ?
Troy Tyson
Troy Tyson answered on Jun 18, 2020

Assuming you share custody with the other parent, you have a right to know about medical emergencies pertaining to your child. If the party is regularly withholding information from you, you can consider filing an action for contempt against them.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can a non-custodial parent keep/refuse to give child back to custodial parent?
Troy Tyson
Troy Tyson answered on Jun 10, 2020

Generally, the answer is no. The exception would be where the is a TRUE emergency or the child's health or safety is at immediate risk. However, courts set the bar high on this and will generally look with skepticism at any party's attempts to withhold a child, so the situation needs to... Read more »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Can a non-custodial parent keep/refuse to give child back to custodial parent?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 9, 2020

Based on the information provided in your question you can but you face contempt or interference with custody charges.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If my sons father is called into work a shift that takes up the whole parenting time. Can I request our son comes home?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 1, 2020

Based on the information you provided in your question you can ask but it is his parenting time, unless you have a right of first refusal in your agreement.

1 Answer | Asked in Child Custody for Indiana on
Q: What are my child visitation rights at a paternal parent that pays child support. We do not have a court order.
John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 28, 2020

Based on the information provided in your question it depends if you have established paternity or not and if so at a minimum Indiana Parenting Time Guidelines.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: How can i get legal aide in a divorce/ custody case with no income?
Troy Tyson
Troy Tyson answered on May 20, 2020

You should consider speaking with Indiana Legal Services (https://www.indianalegalservices.org/) or the Indianapolis Bar Pro Bono Program (https://www.indybar.org/). If you live in a county other than Marion, then contact your local court and see if they can provide you with information on local... Read more »

2 Answers | Asked in Child Custody for Indiana on
Q: My ex wife got charged with her 2nd OWI with our child in the car. Can I get custody of our child?
Troy Tyson
Troy Tyson answered on May 18, 2020

Child custody determinations are made based on what is in the best interests of the child; however, there are no hard and fast rules as to what would lead to a modification, as much of that is in the discretion of the judge. Based on the circumstances you've described, though, it is clear that... Read more »

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1 Answer | Asked in Child Custody for Indiana on
Q: My child is 16 and wants to drop out. We live in Indiana and I was wondering if both parents need to sign if we do joint

We have join custody and my child wants to drop out due to bullying, I'm ok with with it, shes 16 and we live in Indiana. Her mom isn't ok with it, so I was wondering since we have joint custody do both parents have to give consent for my child to drop out.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 13, 2020

Based on the information provided in your question, if you have joint custody of the minor child yes you both have to agree on the decisions made in regards to the minor child's health, education and religion, if you can't agree you can use the court to make the decision for you.

1 Answer | Asked in Child Custody for Indiana on
Q: What do I do if I filed for support already, but now want to make a personal agreement with father?

already have pending court date. My paperwork has already been turned in to support office. He filed for joint physical custody immediately after to try to avoid paying support

Troy Tyson
Troy Tyson answered on May 11, 2020

You and the father can write up your agreement and submit it to the court (check with the court clerk to see if they have templates you can use). If the agreement meets with the court's approval, the judge will sign off on it and make it an order. However, you may want to consider seeking the... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: If you have sole custody of your kids and the dad won't give them back, why won't the police help?

A friend recently got kicked out of her house. She has sole custody of her kids but the dad won't give them back or let her see them. She has an apartment lined up and can take the kids to her parents or a shelter with her. Is it legal for him to keep the kids and why won't the police... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Apr 30, 2020

Based on the information provided in your question this is a civil family matter and the police typically do not enforce civil family orders when the child is with a biological parent or guardian. Additionally, I would add he has some arguments to justify the actions if what you say here is true.

1 Answer | Asked in Child Support, Family Law and Child Custody for Indiana on
Q: If permanent gurdianship was granted is the guardian responsible to support the child or the ncp? In indiana need statue
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Apr 30, 2020

Based on the information provided the non-custodial parent may still need to provide support to supplement the rearing of the child even if there is a permanent guardianship in place.

1 Answer | Asked in Child Custody for Indiana on
Q: 5050 custody of my son. With parenting time book can I take my son at nights when she works, instead of sitter?

My ex wife and I have 5050 custody of my son. What I get by the parenting time handbook... Can I take my son at nights till morning while she's at work instead of the sitter or her bf?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Apr 30, 2020

Based on the information provided in your question I would say you can try and agree to it but if not and you intend on wanting it you can file something with the court.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What are my rights concerning my ex living with her parents with whom I'm not comfortable?

Do I have any legal right to say who my kids are around or living with? I have joint custody of my kids and I still have them every other weekend.

Troy Tyson
Troy Tyson answered on Apr 27, 2020

It depends. If the parents have significant issues (history of abuse, etc.), then you may be able to file against the mom to either give you primary custody or ask the judge for an order restricting the children from being around them.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Mr. Tyson, how much would this and a support judgment cost him? In re: to My sons girlfriend leaving.
Troy Tyson
Troy Tyson answered on Apr 25, 2020

Hello, please give my office a call at (317) 514-2681 and I would be happy to walk you through this.

Thank you,

Troy

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Is a visitation court order consider essential travel?

My son lives in ky with his father I have visitation ordered by indiana state guidelines I have not seen my son since march 8th. I have been very patient. His last official Day of school there will be May 5th. His father still will not allow me my visits

K. Aaron Heifner
K. Aaron Heifner answered on Apr 19, 2020

Yes, The Court Order for parenting time with your minor child is deemed essential travel. Indiana Governor addressed exchanging children in Sec. E number 16 of Indiana’s stay at home order on or about March 20, 2020. This includes travel to other states, Kentucky.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Does he have legal rights to the baby?

My friend lived in Indiana. She got married and had a baby with her husband. He didn't want to sign the birth certificate. They are now separated and they have not established paternity (but he is in fact the biological father). Does he have any rights to the baby even though they are married?

Troy Tyson
Troy Tyson answered on Apr 7, 2020

If a child is born during a marriage, the husband is presumed to be the father, although that can be rebutted. If the husband and your friend are still married, he does have custody/parenting time right, although exactly what they are would need to be decided by a court.

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