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Indiana Family Law Questions & Answers
1 Answer | Asked in Adoption, Constitutional Law and Family Law for Indiana on
Q: If a parent is in police custody and agrees to sighn over rights,what motion should be filed
James L. Arrasmith
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answered on Jan 17, 2024

In Indiana, if a parent in police custody agrees to sign over their parental rights, the appropriate legal action would be to file a petition for involuntary termination of parental rights in the appropriate family court. This petition is typically filed in the county where the child resides.... View More

1 Answer | Asked in Family Law, Social Security and Tax Law for Indiana on
Q: For a single person on disability, would they be able to claim a child on taxes and get more than what they put in?

Going through a divorce and wondering if the amount could change for someone on disability if they claimed 1 vs 3 kids on their tax return.

How is this split best handled when custody is split evenly?

James L. Arrasmith
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answered on Jan 7, 2024

For a single person on disability, the ability to claim a child on taxes and potentially receive more in tax benefits than what they put in depends on several factors. These include their income level, the amount of Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) they... View More

1 Answer | Asked in Family Law for Indiana on
Q: A 25 yr old friend of my daughter was kicked out of his adoptive mother’s and his adoptive step father’s home last night

No reason or notice, just told to get out. He had just gotten home from a short stay at the hospital due to mental health aggravated by his grandmother passing a few days before. Now he is not allowed to go get his things or his meds. Is this legal in Indiana?

T. Augustus Claus
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answered on Dec 19, 2023

In Indiana, abruptly kicking a 25-year-old out of his adoptive parents' home without notice or reason may not be inherently illegal, as he is of legal age. However, denying access to his belongings and medications raises concerns. It's essential to consider the specific circumstances and... View More

1 Answer | Asked in Family Law, Civil Rights and Education Law for Indiana on
Q: Do I have a case ? He is in 4th grade and removed from sports due to harassment .

My son school stated he should not participate in sports because he was talking in launch. Than when I asked to speak with the instructor due to no previous issues with my son the principal became defense and won't allow it . After going back and forth and coming to school I finally met with... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, there are several concerns that might warrant further legal exploration. If your son has an Individualized Education Program (IEP) and his removal from sports is related to his disability, this could potentially be a violation of his rights under the Individuals with Disabilities... View More

1 Answer | Asked in Child Support, Family Law, Constitutional Law and Federal Crimes for Indiana on
Q: What can I do about another state charging me child support when Ive been paying child support for 13 years in another?

I filed for divorce and was granted it about 13 years ago, but was ordered to pay child support and was retroactively ordered to pay back-support all the way back to when my son was born, and along with other stipulations. My ex wife moved had moved back home with her family and had taken the kids... View More

James L. Arrasmith
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answered on Dec 1, 2023

In your situation, where you're facing child support issues across state lines, it's important to understand the complexities of interstate child support laws. Each state has its own child support guidelines, but they generally follow the federal Uniform Interstate Family Support Act... View More

1 Answer | Asked in Family Law, Civil Litigation and Child Custody for Indiana on
Q: Can I petition the court if my children I was set to adopt and fostered for 8 years to be placed back in my home. I a

I am the subject of an abuse from a foster child or 22 months after I called the authorities on him and dcs also took my other children it is not criminal it’s civil

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, where you've fostered children for a significant period and are facing challenges due to allegations of abuse, it's important to understand your legal options. Yes, you can petition the court to have the children placed back in your home, but this process can be... View More

1 Answer | Asked in Civil Rights, Criminal Law and Family Law for Indiana on
Q: I put my son in jail and put a protective order against him .when the police filed the police report there where errors

How do I get this fixed.?

James L. Arrasmith
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answered on Nov 24, 2023

To address errors in a police report, you should first contact the police department that filed the report. Explain the situation and the specific inaccuracies you've identified. It's helpful to have any relevant documentation or evidence that supports your claim of errors in the report.... View More

1 Answer | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?

My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... View More

1 Answer | Asked in Criminal Law, Child Custody and Family Law for Indiana on
Q: Is it illegal for one person to feed another person pet food without their consent?

My ex tricked me into eating dog cookies by telling me they were regular gingerbread cookies. They were shaped like any regular gingerbread man cookie you would see. It did not have any smells that seemed off and the taste was bland to me. She used our child to get me to eat it. My concern is that... View More

James L. Arrasmith
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answered on Nov 12, 2023

Yes, tricking someone into unknowingly eating pet food without their consent could potentially be illegal in Indiana. Here are some key considerations:

- It could qualify as battery - intentionally causing offensive or harmful contact without consent. Feeding someone pet food fits the...
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1 Answer | Asked in Family Law and Wrongful Death for Indiana on
Q: In a wrongfully death case do we have to include my son's daughter who he signed off of her after she was born .??

Is she still entitled to get social security ?? She has never been adopted she was raised by her mother my son's x girl friend

Charles Candiano
Charles Candiano
answered on Oct 8, 2023

If your son legally relinquished his paternal rights to the child, her rights were terminated. You are represented by Indiana counsel in your wrongful death suit concerning your son. This is a question for your attorney. Your attorney may think it best to provide the information to the Court... View More

1 Answer | Asked in Family Law for Indiana on
Q: If a Power of Attorney ever gets replaced by another one for the same applicant; is the first POA notified?

Applicant changes their mind as to whom they want as their POA.

T. Augustus Claus
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answered on Aug 15, 2023

In Indiana, if a new Power of Attorney (POA) is executed to replace a previous one for the same applicant, the new POA document itself typically does not require notification to the previous POA. However, it's a good practice to inform the previous POA of the change, especially if they were... View More

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for Indiana on
Q: I was attacked by my wife and called the police. They came out I didn't press charges then but I would like to now. I

I have 911 audio recording while she was hitting me in the head and officers body cam footage of marks on my neck and back

T. Augustus Claus
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answered on Jul 27, 2023

If you were attacked by your wife, and you now wish to pursue charges, it's essential to take action promptly. You can contact your local law enforcement agency or the prosecutor's office to file a formal complaint or provide them with the evidence you mentioned, such as the 911 audio... View More

1 Answer | Asked in Family Law for Indiana on
Q: After 2 years of no contact, does the father have paternal rights? (No contact since pregnancy)

I have 2 sons, (from different fathers) one is 4 and the other is 2. Neither of the fathers have been in contact since the beginning of my pregnancies. Do they have paternity rights? And if they do, how to I get them removed?

Charles Candiano
Charles Candiano
answered on Jul 17, 2023

Has paternity ever been established? Are the fathers listed on the birth certificate? Do you receive any state aid for either child? Is there a child support Order in place for either child? What is your motive to divest either father of his paternal rights? Do you suspect that either of the... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Indiana on
Q: My father is dying I’m his only child what steps do I need to take toSecure truck and part value of house

House he’s not married I am the only child

Charles Candiano
Charles Candiano
answered on Jul 17, 2023

As long as paternity is established or acknowledged (i.e. you share the same surname), and your father dies intestate (without a Will) as an only child, you are his sole heir, you inherit everything that your father owns. That said, if your father prepares a will and decides to leave his estate to... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My son is 16 has been living with his mom but now wants to live with me. His mom agrees, do we need to go to court

I live in Indiana she lives in Ohio (approximately 32 miles apart) We never had child support issued by the court, we always had our own agreement. The state of Ohio determined paternity when he was 4 and that I had to carry insurance on him and have since. I’m am on the birth certificate as the... View More

T. Augustus Claus
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answered on Jul 11, 2023

In situations where both parents agree to a change in custody arrangements, it is generally recommended to seek a formal modification of the custody order through the court system. While you may have had your own agreement and have been able to co-parent without involving the court in the past,... View More

1 Answer | Asked in Divorce and Family Law for Indiana on
Q: If the sheriff serves my husband divorce papers, will they know he has a warrant in GA?

We live in Indiana

T. Augustus Claus
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answered on Jul 6, 2023

The service of divorce papers by the sheriff in Indiana typically pertains to the divorce proceedings in Indiana itself. The sheriff's role is to deliver the divorce papers to your husband and ensure that he is aware of the divorce case in Indiana. However, it is important to note that the... View More

1 Answer | Asked in Adoption and Family Law for Indiana on
Q: I am looking to do a step parent adoption for my daughter. Her dad hasn't been around for 11 years. I need cheap service

My daughter has not spoken nor been around her birth father for 11 years now. I don't have much money to spend but want my daughter to legally be my husband's child. She has been begging to do this and we just don't have the resources or know how to do it.

John Michael Frick
John Michael Frick
answered on Feb 27, 2023

If the birth father is in agreement with the adoption, a competent attorney with family law experience in or near the county where you live ought to be able to complete the adoption inexpensively—likely less than $5,000.

If the birth father objects, or you can’t locate him, it will...
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3 Answers | Asked in Bankruptcy and Family Law for Indiana on
Q: Hello, I am wondering, Can I sell my home in my name to my spouse if I plan on filing bankruptcy within a few months

We are recently separated, AND it would be for what is currently owed.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 15, 2023

Ms. Lipan's answer is correct, I think, as far as it goes.

Yes, for bankruptcy purposes (and some Indiana state laws), the amount you receive for your interest in property needs to be the fair/market value (and be able to prove that).

But there is another field of law to...
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1 Answer | Asked in Family Law and Appeals / Appellate Law for Indiana on
Q: If the tpr has filed and they took my parental rights and I've filed the appeals in supreme court.howdoufile us supreme

And they never ask family or a friend if they could take adoption or gaurdingship how do file for this

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

U.S. Supreme Court practice is among the most unique and highly specialized areas of law. Because the U.S. Supreme Court has discretionary jurisdiction, it chooses what cases it gets to hear and decide. In any given year, the court hears 50-60 of the 7,000-8,000 cases filed. So the vast... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: We have full custody of my step daughter. Bio mom lost all rights. We placed a restraining order (pending court) against

her after an incident of her showing up at our house for the second time, so she can not come onto our property. In return she filed a restraining order on bio dad who has full custody and she filed it against the daughter to try to make it where he cannot be around her legally, even though he has... View More

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on Jan 4, 2024

Hi ~ I'm a bit confused and need some answers from you so that I can properly address your concern.

What were the grounds Bio mom stated for needing a protective order? What parenting time, if any, does bio mom have? I don't understand how a protective order can be against dad...
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