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Indiana Child Custody Questions & Answers
1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Indiana on
Q: I Was being abused at the time of my son’s birth. He is now 6 and I want dna pushed to get my ex out of our life.help!

Paternity affidavit was filled out but I was threatened to sign it. How can I get this redone.

Elizabeth  Milliken
Elizabeth Milliken
answered on Nov 14, 2024

I need to know more details about your case to be sure, but, if you have good reason to suspect that your ex is not your son's biological father, then you may have a legal basis for asking the Court to rescind the paternity affidavit.

Ind. Code 16-37-2-2.1(r):

Before a...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Child Custody court order question

I share custody of my child with someone who doesn't have a job or a car and owes thousands in custody payments. I've been picking up and dropping off my daughter for years. I'm being taken advantage off.

What’s on the court order is I have to make reasonable... View More

Eric Kristen Doyle
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answered on Oct 30, 2024

What is considered "reasonable" as defined in your Order on Child Support is going to be up to the interpretation of the Judge who issued that Order. For some, it may be considered reasonable to make such accommodations in the name of facilitating parent-child relationships, for others it... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If I have physical custody and we both have split joint legal custody, is he allowed to leave state and not tell me?

I live in Indiana. My daughter’s dad has a record of abuse. We eased into visits having no overnights for a couple months at first. Now he has a gf from another state and goes there and leaves our child there and never tells me where she is, if she left state or who has her while he is working.

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on Jun 3, 2024

He is obligated to tell you were he will be taking your child especially if your child is “being left” with the gf. He is required to inform you why is your daughter being left with the gf. Where is he? Look in your court documents to see if the parents were given “right of first... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: I need to file a motion in contempt for several issues in family court. I need to know how to file for multiple issues.

Violating parenting time order

Violating court ordered therapy for children

Violating initial agreement for living accommodations

Removed my access to children’s medical records

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

A motion for contempt is not a DIY project. You need to consult an attorney with experience in the area of family law in or near the county of the court that issued the orders being violated. It is very easy for an inexperienced attorney--much less a layperson--to fail to satisfy the specificity... View More

1 Answer | Asked in Child Custody, Immigration Law, Criminal Law and Family Law for Indiana on
Q: My wifes former spouse is a current green card holder, He raped my wife. Where can i file papers Arrest and deport him.

My wife has had her family taken and turned against her, She has encountered a very difficult life since the Rape occured. Her ex spouse has taken all her properties, Her 2 children, Stalks her, Harrasses her, Forced her into medications to control her. I am her husband Kenneth, Here recently her... View More

James L. Arrasmith
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answered on Mar 22, 2024

I'm truly sorry to hear about what your wife and you are going through. It's crucial to prioritize her well-being and safety. You should report the rape and other criminal activities committed by her ex-spouse to the local police as soon as possible. They can initiate an investigation and... View More

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Indiana on
Q: Claiming kids on taxes.

When child support was established, we also signed an agreement with the prosecutor saying that we take turns every year claiming the kids on taxes as long as I am a certain percentage caught up on my child support, and if I’m not, then I’m not able to claim them that year. So earlier in the... View More

James L. Arrasmith
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answered on Feb 25, 2024

Based on the agreement you signed with the prosecutor, you still need to meet the requirement of being caught up a certain percentage on child support in order to claim the children on taxes, even though your ex has temporarily stopped the formal child support order.

The key factors here...
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2 Answers | Asked in Child Custody, Civil Rights, Family Law and Health Care Law for Indiana on
Q: I have attempted to complete treatmentfor my addiction only to be medically discharged to return the be discharged again

I'm intentionally being discriminatied against this a on going iusse with dcs. Hinding my progress my attorney will not help mor do his job

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a challenging situation with your treatment for addiction and experiencing discrimination from DCS. It's essential to document all instances of discrimination and keep detailed records of your treatment attempts and any correspondence with DCS. If your... View More

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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 Child Custody and Arbitration / Mediation Law for Indiana on
Q: Contempt order filed for denied parenting time; ex failed to show cause. What are next steps?

I filed for a contempt order against my ex for repeatedly denying my court-ordered parenting time with my daughter, despite no agreement being made during mediation. My ex was supposed to show cause for withholding my daughter but failed to provide any reason. I received a letter from the court... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you've made an important step by filing for contempt. Since the court has asked you to submit a proposed order, you will need to draft it and include the necessary details regarding your ex's failure to comply with the parenting time order. This will typically outline the... View More

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can I stop my coparent's wife from attending our kids' appointments despite joint custody?

I share joint legal custody of my children with my coparent, and we had a verbal agreement that only he or I would attend our children's appointments unless it's an emergency. However, my coparent insists on bringing his wife to these appointments, which I feel is invasive and... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you’re feeling uncomfortable, especially when there was a verbal agreement in place. But because your custody agreement doesn’t limit who can attend your children’s appointments, there’s currently no legal ground to prevent your co-parent’s wife from being... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Indiana on
Q: Can I press charges for unauthorized recordings during visitations in Indiana?

I'm currently involved in a contentious custody battle regarding my 8-year-old son, for whom I only have 3 hours of visitation every Saturday in Indiana. I've discovered an audio recorder in my son's backpack that was used to record our visits, which his mother denies initiating,... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Indiana, it is illegal to record someone without their consent in most situations, including private conversations like those during your visitation. However, Indiana is a "one-party consent" state, which means that if one party to the conversation is aware of the recording, it may not... View More

2 Answers | Asked in Criminal Law, Child Custody and Family Law for Indiana on
Q: Facing Level 6 felony charges for alleged kidnapping despite having permission proof from custodial parent.

I am facing accusations of kidnapping and have been charged with two Level 6 felonies because someone claims I took my daughter across state lines without permission. However, I have Facebook messages proving I had permission from my daughter's custodial parent to take her. How should I... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 31, 2025

Make sure you take screenshots of the FB messages so they are not deleted or lost. You should also hire an attorney or request a public defender and give then the FB messages.

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1 Answer | Asked in Family Law, Tax Law, Child Custody and Child Support for Indiana on
Q: Can I be held in contempt of court for not filling out the 8332 form when it comes to taxes

Our court order states that we are supposed to alternate tax years I never fully agreed to this because I didn't think it was fair because I'm the one that does 98% of care for our child he pays child support that he was forced to pay and that's it and I need the money more can I be... View More

James L. Arrasmith
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answered on Jan 12, 2025

If you don’t complete Form 8332 as your court order requires, the court could potentially hold you in contempt. Courts take their orders seriously, and not following them might lead to legal consequences.

Since you’re providing most of the care for your child and need financial support,...
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1 Answer | Asked in Child Custody, Child Support, Civil Rights and Domestic Violence for Indiana on
Q: To whom it may concern. I am curious if you guys deal or take on civil matters as in. Seperation, child support, ect.

I am being stripped of my legal rights and threatened to not being able to see my child. And my name is being slandered in the worst cases.

James L. Arrasmith
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answered on Sep 25, 2024

I'm sorry to hear that you're facing these challenges. When dealing with civil matters like separation, child support, and custody issues, it's important to seek proper legal counsel to protect your rights. Family law can be complex, and your situation may require professional advice... 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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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 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 Family Law and Child Custody for Indiana on
Q: Service by publication forms
Heather L Franklin
Heather L Franklin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2023

Service by publication for family law matters - including custody modifications - should only be used when you don't have an address for the other party or reliable contact information to get an address for them. The Indiana Trial Rule governing service by publication is Rule 4.13 and the rule... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My ex and I have a temp order that ends in Aug. He begged me and begged for a year to let him move back to Texas

With the kids. I broke and let him. Now with me having same job same home for yrs and he had moved 4 times and was engaged twice within a year shows me he is unstable. What are my chances if getting full custody?

James A Hanson
James A Hanson
answered on Jul 9, 2022

There is much confusion about what "custody" actually means.

If there is an active case in Indiana for either Paternity or Divorce, then any party wanting to move out of Indiana is going to have the burden of explaining why that move is in the child's best interests....
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1 Answer | Asked in Child Custody for Indiana on
Q: Married when baby was born. She didn't put father on birth certificate against his wishes. Got a divorce a month after

baby was born. Then she gave her rights up to her mother against his wishes.....now she lives 2 hours away and will only let him seed her if he comes down. She tried saying that he raped her while she was pregnant. He didn't. they been together 10 years.

James A Hanson
James A Hanson
answered on Jun 20, 2022

The question is a bit confusing. Here is what I think will help.

First, the divorce decree needs to be checked to see if the court presumed the husband to be the father. If she was divorced just a month after birth, then it is likely the divorce decree either has language acknowledging...
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