Lawyers, Answer Questions  & Get Points Log In
Indiana Child Custody Questions & Answers
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 »

View More Answers

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

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: In Indiana, does the mother automatically get custody of children born out of wedlock?

My boyfriend and I have been struggling to deal with his 2 children's mother. We have both girls the majority of the time but any time she gets mad or we do something she doesnt like (like putting them to bed before midnight) she threatens to take them and never allow my boyfriend to see his... Read more »

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

Based on your question he needs to have paternity established through the courts, if he has then custody and parenting time should have been ordered by the court, if not he needs to get it done.

1 Answer | Asked in Child Custody for Indiana on
Q: I am filing for custody without a lawyer. My parents have custody but are agreeing to grant me custody back.

There is a juvenile paternity case which is what my lawyer used previously to file for visitation. Can I use that case number to file for custody or do I need to use the case number from the dcs case that was the reasoning behind my parents getting custody

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 28, 2020

Based on your question you would file under the paternity case number and if there is an open DCS matter under that case number as well.

1 Answer | Asked in Child Custody for Indiana on
Q: my ex has my child around a man with a recent drug charge he did time for is there anything I can do?

She was born out of wedlock and we were never married I am the father and theres no current custody agreement.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 25, 2020

Yes, you can file a paternity action to establish your parental rights.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: My son mother is on drugs. My child has moved in with me for about 3 months. How can i stop paying child suppourt

My sons mother is in drugs. I have called cps about it but ahe alwaya found away to get away with it. Now a year later she lost her house amd job. My son is living with me because of the living situation . i walked in her house to pick him up for a visit

She had no fridge . no food. No... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 24, 2020

Based on the information you provided in your questions you can file a motion with the court to change custody, parenting time and support.

1 Answer | Asked in Child Custody for Indiana on
Q: If i have full custody of my son can my mother keep him from me?

My son lives with my mother but i have full custody can she not let me see him?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 24, 2020

Based on your question NO.

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: My ex and I share joint legal & physical custody of our daughter. Whose address is her legal address?

Our divorce decree does not state whose address is her legal address. My address is used for health insurance as I carry it and her dad's address is used for school. She will be getting her license soon and we are not sure what address should be used.

Troy Tyson
Troy Tyson answered on Jan 20, 2020

You should consider modifying the decree to explicitly state the Child's formal address. This could continue to cause problems down the line.

1 Answer | Asked in Child Custody and Child Support for Indiana on
Q: Is it possible to waive child support with 50/50 custody

Or is it possible for the parent that has custody to waive child support

Troy Tyson
Troy Tyson answered on Jan 16, 2020

The parties may sometimes waive a child support obligation, if both parties are in agreement on that. However, it would need to be approved by the judge.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: my boyfriend would like to get custody of his daughter. she is 10. the mother signed her rights away to her parents.

when the court date took place before, they did not tell him when it was so he could not appear to get a say at all. for 5 years he was left with no contact or visitation.

Troy Tyson
Troy Tyson answered on Jan 11, 2020

If your boyfriend can prove that he was never properly served or notified he may have some recourse. Speak with an experienced family law attorney ASAP to see what your options are.

1 Answer | Asked in Child Custody for Indiana on
Q: Do I have full custody of my son if his mother lost custody due to failed drug tests during her neglect case or no?

My son's mother was charged with neglect after the police kicked her door in and arrested her boyfriend for drugs. She was arrested the same night for neglect. She has failed 2 drug tests for Meth since then and the last resulted in the loss of her kids for 90 days. I now have my son and her mother... Read more »

Troy Tyson
Troy Tyson answered on Jan 9, 2020

Your question leaves out several important details that make it difficult to give a comprehensive answer (for instance, was there already a custody order in place? If so, what did it say? Is DCS involved?). In general, however, merely having the children placed with you due to the mother's neglect... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: Me and my wife want to get custody of my little brother he is 14. He wants to live with us. Can we get custody of him?

He is unhappy at home.

Troy Tyson
Troy Tyson answered on Jan 2, 2020

It is possible, but whether a judge would grant you custody (or a guardianship) would be based on the "best interests of the child," and would depend on a whole range of factors which are too difficult to go over in a question-and-answer format such as this. You should definitely consider sitting... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Do be I need a child/family lawyer to get legal rights to my children

I need help I'm in Lafayette Indiana and my 2 children are in Jamestown Tennessee and I am trying to get legal rights to my children.

Troy Tyson
Troy Tyson answered on Dec 31, 2019

Your questions leaves out a lot of important details regarding your situation, but yes, in general, you should certainly seek the assistance of an experienced family law attorney to help you with this situation.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: Where can I find in the guidelines or law about child support for split custody?

We do not have joint custody. I have custody of the oldest, my ex has custody of the two younger. Where in the guidelines does it address split custody child support?

Troy Tyson
Troy Tyson answered on Dec 24, 2019

Your situation would be addressed directly by the Indiana Child Support Calculator, which takes into account any additional child support obligations of either party. Hope that helps.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Is there anything that can be done if the father of a child keeps calling child protective services making false accusa

Almost weekly he is doin this and every time it's substantiated. But DCS protocol is to investigate every report that comes through. So they said unfortunately they have to do their part each time

Troy Tyson
Troy Tyson answered on Dec 20, 2019

I think you meant that every time it's "unsubstantiated," meaning no basis was found for the charges. This is, unfortunately, something that happens from time to time. What DCS told you is generally correct, that they have a duty to investigate the charges that are lodged with them.

1 Answer | Asked in Family Law, Divorce and Child Custody for Indiana on
Q: What is the statute in indiana that is fir dissolution of marriage and domestic relation.

I am filling a motion to establish joint custody and visitation if this helps.

Troy Tyson
Troy Tyson answered on Dec 19, 2019

The section of the Indiana code that deals with dissolution of marriage is I.C. 31-15.

Hope that helps.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can I move my child out of state without the father and/or his permission?

Our baby was born out of wedlock and we do not live together but both of us signed a paternity affidavit. Being her physical custodian (no court order stating otherwise), am I allowed to move both me and her out of state without the father or his permission?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 5, 2019

Based on the information provided in your question if paternity has not been established by the court via a paternity court order and no parenting time has been established you can move.

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.