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Indiana Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Indiana on
Q: During COVID-19 mandates, does parent in MI have right to INSIST on transporting child who lives in IN

Stepparent in Niles was "home sick" the other day, works for InstaCart (so lots of exposure) Child lives in Bremen, schools at LaVille, has far less risk of exposure. (and i am on NEITHER grownup's side ... have explained to both from beginning the only "winner" should always be this precious... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Mar 31, 2020

Based on your question and the information contained I would look to what State the order is from and if that State has child exchanges as an essential reason for travel then exchanges can happen. If the other parent can't leave because of a state order from the governor then the other party can... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: Can a joint custody parent withold child against agreement

My daughter has a ten year old son which she and the father share joint custody with the child switching between homes every other week set by a custody agreement. The stepmom stated last night that they were going to keep him until the corona virus has passed. Her reasoning is he is safer there.... Read more »

Troy Tyson
Troy Tyson answered on Mar 31, 2020

At this time things are changing day-by-day with the coronavirus issue, so your daughter will want to stay tuned to any updates from the Governor or other legal entities. However, for the time being, the guidance from the Governor and the courts is that all parenting time is to continue as-is,... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: I live in Indiana, under a stay home ban. Have 5050 custody of my son. Am I allowed to keep him with me till the ban is

5050 custody, and I'm In Charge of medical.

Troy Tyson
Troy Tyson answered on Mar 26, 2020

Right now the governor has issued a Stay-Home Order, but that order carves out an exception for parenting time exchanges. It appears that parenting time should go forward for most cases as-is, unless there is an immediate/emergency safety issue for the child.

1 Answer | Asked in Child Custody for Indiana on
Q: I’m in Indiana and we have a stay home order in place how does visitation work for non custodial parent

No court ordered visitation father is threatening and telling daughter I am keeping my daughter from him

Troy Tyson
Troy Tyson answered on Mar 25, 2020

If you do not have a court order for a child born out-of-wedlock, then you as the mother have sole legal custody and can make decisions on your own about what is in the best interests of the child, including what parenting time should be allowed.

1 Answer | Asked in Child Custody for Indiana on
Q: Can my ex-wife legally keep my children away from me during this pandemic?
Troy Tyson
Troy Tyson answered on Mar 25, 2020

There still remain some questions as to how custody issues such as yours will be considered by the courts given the circumstances. However, for the time being - and assuming there are no other significant details (such as your child having a serious medical condition - then parenting time should... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: What’s the difference between guardianship and custody?
Troy Tyson
Troy Tyson answered on Mar 23, 2020

In very general terms, custody is typically more durable, expansive and permanent than a guardianship.

However, there can be exceptions to this, such as when a permanent guardianship of a minor is ordered.

Also, not all individuals who can be guardians would be eligible to have...
Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My daughters dad hasnt seen her in 3 months. Hes asking to see her for a few hours this weekend.

Is he legally aloud to keep her and not give her back since nothing is settled in court?

Troy Tyson
Troy Tyson answered on Mar 17, 2020

Under Indiana law, if a child was born out-of-wedlock and there is no court order governing custody, then you as the mother would have sole legal custody. This means that decisions regarding where your daughter stays would be up to you. So the father would be required to return her to you.... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: I requested full costidy of my kids. Can dad not agree if he’s paying child support?

Can dad not agree on me getting full costidy?

Troy Tyson
Troy Tyson answered on Mar 3, 2020

Yes, the father can disagree with you having full custody whether he's paying child support or not. It is his right to contest is as a parent if he does not agree with it. However, if you have a hearing scheduled, you will be able to appear and present testimony and evidence as to why you believe... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: How can I modify child support since my income has decreased?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 27, 2020

Based on your question you file a motion with the court.

1 Answer | Asked in Child Custody for Indiana on
Q: I Madison Collings am 17 had a child with 23 year old we broke up but had virbal agreement that I would let her on weeke

Let him have her on weekends on one of his visit he went and filed paternity now he refused to give child back this is day thirteen the cops won't help nothing

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 26, 2020

Based on your question if if are the mother and he has not been given custody or deemed the father by a court then he has no rights to the child at this point.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can a paternal grandmother be ordered custody at hearing when not a party to the case and mother was in hospital?

I notified the court and father morning of clerk told me they hadn't been up in front of Judge and what documents to bring in.

Troy Tyson
Troy Tyson answered on Feb 26, 2020

Your question leaves out a lot of important information so I cannot give a definitive answer to this. However, in general, yes a third party can be granted guardianship or custody in some circumstances.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Indiana on
Q: I need advice getting out of my grandmas house she’s mentally abusive towards me n I’m at my breaking point

I can’t go back to my moms yet untill an old step parent of mine is gone my boufriend has offered to talk to his mom and let me stay there but I don’t think I can leave with out her calling the cops after a while sayin I’ve run way and I do t wanna be charged for runaway when I wanted to get... Read more »

Kurt Schnepper
Kurt Schnepper answered on Feb 25, 2020

It sounds like DCS is involved with your family, or was involved anyway. If my assumption is correct, I'd suggest you reach out to your caseworker and talk to them about your situation. But if you feel you are truly being abused then you should call 911, or contact any attorney who would make the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Is indiana a mothers state ?

I also need to know about if their breast fed when will fathers get child ?

Troy Tyson
Troy Tyson answered on Feb 24, 2020

In Indiana both parents are to have equal standing before a court when it is making determinations on child custody. The primary determining factor for custody decisions is what is in the best interests of the child.

1 Answer | Asked in Family Law, Child Custody and Education Law for Indiana on
Q: Get dcs out of our life bc 5yr old missed to much school bc sick, in Indiana not mandatory for kids under 7 to attend

My 5 year old is enrolled in kindergarten and missed 14 days over the course of 3 months of school due to being sick but wasnt sick enough that it required me to take him to the doctors so I didnt get doctor notes for those days. The school has to report to dcs if a child misses more than 10... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 21, 2020

Based on your question you can't drop the case and request DCS leave you alone. Once a report is made they investigate and go from there.

2 Answers | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Chances of 50/50 custody?

I want 50/50 legal and physical custody of my 13 month old daughter. My only child. Her mom has 3 subsequent children all by different men that dont pay support. Ive been in my daughters life since she was born despite her moms efforts to keep me out of her life. I hired a lawyer and took her to... Read more »

Troy Tyson
Troy Tyson answered on Feb 11, 2020

This is something you should definitely be discussing with your attorney, that's what you are paying them for. In general true 50/50 physical custody is fairly tough to get, particularly if the other party objects and considering the age of the child. There is nothing wrong with you trying, as long... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can I file for divorce and sole custody of my child while my spouse is in a psychiatric hospital?

She was initially self admitted, however is being transferred from a stress center to "another facility" that the staff will not disclose to any one. The will not even confirm that she is at the stress center at this time, although her mother confirms that she is there.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 10, 2020

Based on your question you can file for divorce at anytime for any reason in the State of Indiana.

1 Answer | Asked in Child Custody for Indiana on
Q: I have custody of daughter. She will be 19 in 60 days and has decided to move with her mom. Her mom filed for custody?

I'm thinking she's trying to lock me in to a support order before she turns 19 so she can get me for extended college expenses.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 10, 2020

Based on your question you can still file for emancipation and if requested may be required to pay for college expenses.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: No custody has been decided by a court. No judgments. Can she take my son to a different state against my wishes?

She filed for divorce in a county we do NOT have residence in (her mom and dad's home). She moved herself there with my son under the pretense that she would be seeing a specialist for his health and doing work while her parents babysit. I was more than taken by surprise by the divorce filing.... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 5, 2020

Based on your question the residency requirement is 3 months in any county in the State of Indiana. You are still the biological parent and should have custody and parenting time. You need to seek counsel to address these matters.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My ex wife and I are currently in a custody battle. At the last hearing, almost a year ago, it was to modify custody.

At the hearing, the judge never let me present my side and called the hearing for the day. Almost a year later, my daughter is still struggling emotionally, her grades are slipping, she’s becoming a distraction in school, and I was sent a letter from the school about her extensive tardies... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 3, 2020

Based on your question you should, but remember the standard of proof is what is in the best interest of the child

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