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Indiana Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: how can i find a low cost lawyer,

my sons father has custody, he has been living with his grandmother and i just found out that his dad has moved back in his grandmas and he and his wife are on meth and i have messages from his wife stating the drug use, the fact they do not have jobs and that they had to move back into the... Read more »

Troy Tyson
Troy Tyson answered on Jun 17, 2021

You'll want to look into legal aid or pro bono organizations in your area. Most cities/counties have at least one such organization, and if you qualify, you should be able to find competent attorneys willing to help you with your case. Hope that helps.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Unmarried couple with 2 kids. House and vehicles only in my name. Can she take one vehicle and I'll pay for it?

If she takes one vehicle, does that subtract from child support or do I pay for it still plus all of the child support?

Troy Tyson
Troy Tyson answered on Jun 4, 2021

Unmarried couples who are trying to split property face different challenges than those going through a divorce. You should speak with an attorney who can look at your situation in more detail and lay out a path forward.

1 Answer | Asked in Family Law for Indiana on
Q: Do I still need to establish paternity?

I am wanting to get full custody of my son. He was born in Kansas when I was with his mom and we all moved here a few months later. I was not married to his mom but I am on the birth certificate. Do I still need to establish paternity?

Troy Tyson
Troy Tyson answered on Jun 2, 2021

That will largely depend on the laws of Kansas, so you may want to consider speaking with a good family law attorney there. However, in Indiana, the signing of a paternity affidavit (which would have been required in order for you to appear on the birth certificate) would be good enough to... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: Do parenting visits start before mediation or does a set schedule have to be put in place.

Baby's father gets 3 visits a week for 3 hours. We haven't gone to mediation to establish set days and times. Do I have to let him see her before mediation or is it only after days and times have been formally established is he allowed to see her.

Troy Tyson
Troy Tyson answered on May 11, 2021

If you have had a preliminary hearing, or have any other court order in place outlining father's parenting time, then you must follow those terms. You should consider speaking with an experienced family law attorney before making any major decisions on your case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: I have a support order in Indiana but ex lives in new state of Georgia, how do I know which state she filed in?

I have a support order in place in Indiana, and up to date on support payments. The court also granted parenting time, but the judge said it may be difficult to enforce because the children live Georgia with their mother. Paternity affidavits were completed and signed by both myself and their... Read more »

Troy Tyson
Troy Tyson answered on May 6, 2021

If your support order is out of Indiana, then it likely contains the custody provisions as well. You can check with the court clerk to see if the case is still based in Indiana. You can bring an action in Indiana to enforce your parenting time. However, keep in mind that it may be difficult to... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Could there be repercussions for forgoing make up parenting time? Do I have to have a reason to forgo?

I offered custodial parent an opportunity for additional parenting time, which was accepted. I don’t have an acceptable time in which to schedule the make up time, so I am opting to forgo the two days I lost.

Troy Tyson
Troy Tyson answered on May 6, 2021

If it happens just one time, you're fine. You don't want it to become a pattern, though, because the custodial parent could try to use that behavior against you to suggest you are not interested in using all of your parenting time.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My daughter's father and girlfriend are denying me of getting and spending time with my daughter we haven't been to cour

I have video proof of my daughter's father and his girlfriend being high while they have my daughter letting another kid hit my daughter out of anger my daughter's father coming at me rude and defensive in front of the kids

Troy Tyson
Troy Tyson answered on Apr 15, 2021

You can consider filing an action for contempt and possibly a modification of custody. It would be a good idea to sit down with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Indiana on
Q: My son's daughter's mother is crazy

My son's baby mamma acted on text massages saying she was going to find and hurt his new gf , she came in to my home and beat her while she knew she was pregnant. She is in jail cps found her and her mother unfit to have my grand baby and gave my son guardianship. We want full custody how... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Mar 15, 2021

Your son should contact a local family law attorney to discuss his options and the best way to move forward with custody.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can an Ex spouse make me or my bF produce text messages between him and I to use in contested custody Indiana Case?

We have been dating a year, they have been divorced 7 years and my presence has caused a heated court battle that I keep getting dragged into. I do not want my personal messages between us in court or her hands. Can I fight this as I am not a party in their custody battle.

Troy Tyson
Troy Tyson answered on Mar 11, 2021

That really depends on the specific facts of the situation and what evidentiary objections you may be able to present. This can be a complex issue, and you should seriously consider sitting down with an experienced family law attorney to go over your options.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: If i get divorced from my childerns father can i take the kids out state with me to my parents house.
Troy Tyson
Troy Tyson answered on Feb 24, 2021

That will largely depend on the orders issued in your case. You should speak with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: If I’m the legal parent can I transfer a current guardianship to another person; a different guardian?

I’m currently trying to see if I can transfer guardianship of my daughter from her current guardian to my mother (her grandmother) and make her the legal guardian. Her current guardian has moved her out of state without my knowledge.

Troy Tyson
Troy Tyson answered on Feb 10, 2021

Your mother can file a petition to substitute or transfer the guardianship. The court will make a decision based on what it perceives to be in the child's best interests.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Can my x have his gf around my daugher

They will not tell me her name. And my x went against my wishes when I asked him to not have his gf around our toddler till I met her and was comfortable with it

Troy Tyson
Troy Tyson answered on Feb 10, 2021

That will largely depend on the girlfriend's background, and also whether you have a formal custody order in place (and what it says). You should speak with a family law attorney to discuss your case in more detail.

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Child support was never taken out of my pay. My ex will confirm it has been paid. How do I prove that to the court?

My children are now both over 19 years old. Per Indiana law they are emancipated from child support. It was never set up to take child support out of my paycheck / wages. However I made all payments and my ex-wife will confirm that I have. What document(s) do I need to provide for the court as... Read more »

Troy Tyson
Troy Tyson answered on Jan 27, 2021

How did you pay her? If you paid with anything other than cash (e.g. checks, money orders, electronic payments) then the best thing to do is simply produce that documentation (cleared checks, money order receipts, etc.). If you paid by cash, then any receipts you received from the mother will help.... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Criminal Law for Indiana on
Q: Do I have to pay child support if child has been removed from the home by dcs for the reason the mom kicked them out?

Mother is having felony neglect charges

Troy Tyson
Troy Tyson answered on Jan 25, 2021

That depends. It is possible, but usually that decision will be made by the court that is handling the DCS case.

1 Answer | Asked in Family Law for Indiana on
Q: If the paternal grandmother has guardianship, how do you go about the maternal grandmother getting visitation??
Troy Tyson
Troy Tyson answered on Jan 25, 2021

You would need to file a petition for grandparent visitation in the court that issued the guardianship. You should review Indiana Code 31-17-5 for more information on this process and the requirements. You may also want to consider speaking with an experienced family law attorney about your case.... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What is the procedures for me to get my kid to live with me
Troy Tyson
Troy Tyson answered on Jan 25, 2021

If there is no court order in place, you need to file a petition to establish custody with your local court. If there is already an order in place, then you'll need to file a motion to modify that order. You should consider sitting down with an experienced family law attorney to discuss your... Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: What Court Form do I use to petition Indiana court to terminate arrearages on two adult children if both parties agree?
Troy Tyson
Troy Tyson answered on Jan 11, 2021

You should contact your local court clerk, they may have templates you can use. You should also consider consulting with a family law attorney, who can possibly help you draft the document you need.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can my husband ex keep him from seeing daughter because new wife?

She will not let him see daughter cause we are married with our own son an live together. She has sole custody an he has reasonable rights an pays child support. Isn't this contempt of court?

Troy Tyson
Troy Tyson answered on Jan 6, 2021

The answer would heavily depend on the specific facts of your case, but in most cases, parents cannot withhold children simply because the other parent has married. She may be in violation of the court's order. It might be worth your while to sit down with an experienced family law attorney to... Read more »

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Is it possible to end *back* child support payments if both parties agree?

I was married in Indiana in 1993, had a child in 1994, and divorced in 1996. My ex wife had sole custody until he turned 19. There was no child support order in place (that I know of) for this whole time, but once she became disabled and was forced to stay for quite some time in a nursing facility,... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 17, 2020

It is possible for the party receiving support payments to waive child support arrears. However, if the state provided cash benefits to the mother at any point during the child’s minority a waiver of child support by the mother will only be granted up to the amount owed less what the state is... Read more »

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can a judge ask for a step parents income in child support modification?

My husband filed modif. Of child support due to work loss and disability. The hearing was today where his ex wife's attorney wanted to know my income and how many hours I work a week. The judge made my husband answer. I feel violated as it's my personal right to my own information and i... Read more »

Paul Ylvisaker
Paul Ylvisaker answered on Dec 11, 2020

Generally the answer is “it depends”. The judge can allow the question, but he or she should not make a finding or ruling on your ability to pay child support that includes consideration of a step parents income. There are caveats to that. For example, if the income is derived from your work... Read more »

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