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 »
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.
If she takes one vehicle, does that subtract from child support or do I pay for it still plus all of the child support?
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.
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?
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 »
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.
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.
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 »
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 »
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.
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.
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
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.
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 »
Your son should contact a local family law attorney to discuss his options and the best way to move forward with custody.
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.
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.
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.
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.
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.
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
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.
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 »
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 »
Mother is having felony neglect charges
That depends. It is possible, but usually that decision will be made by the court that is handling the DCS case.
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 »
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 »
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.
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?
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 »
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 »
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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
