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Indiana Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Can a divorce decree be altered years later when still dealing with minor children?
Troy Tyson
Troy Tyson answered on Nov 23, 2020

Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Having a court order, who can put a child in school?

My boyfriend and his ex have a court order in place giving him joint legal custody and gives her full physical, within the order, he can use his parenting time by picking up the child Wednesday night and bringing her back Friday night. He got a call from the mother yesterday telling him that she... Read more »

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If the parties share legal custody, then that means that both parents are entitled to participate in making decisions on things like schooling. She is required to speak to him first on those issues and allow him input, and she cannot make those decisions unilaterally.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: How does make up time work in Indiana?

If the custodial parent accepts extra curricular activities for the child like birthday parties etc can the non custodial parent ask for those hours lost in make up time?

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If one parent has lost hours they were entitled to, most courts are very flexible in allowing the parent to make up those hours when they can. This is something you should try to work out with the other party rather than taking it to court. If you are talking about one instance of make-up time that... Read more »

1 Answer | Asked in Employment Law, Family Law and Child Custody for Indiana on
Q: My ex works second shift and as a result I exercise extended parenting time when he works. He now wants to make these ho

and he is asking to make up the hours he is missing as a result of his working. Can he do this?

Troy Tyson
Troy Tyson answered on Nov 3, 2020

Your question is broken up so it is not exactly clear what you are asking. However, if the two of you are exercising a different parenting time schedule than what was initially ordered, then you may want to consider requesting a modification from the court, to make the change official.

1 Answer | Asked in Child Custody for Indiana on
Q: I am the father of a child who lives in denver Colorado. I live in indiana. What state do u need to hire a lawyer in.

I want my child for half the year or even some of the year.

Troy Tyson
Troy Tyson answered on Nov 3, 2020

That depends on a variety of circumstances (e.g. is there a court order in place? Where does the mother reside? How long has the child been in CO?). However, based on the information you've provided, I would say it is a safer bet to seek out the assistance of a Colorado attorney for... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can my ex-wife keep me from seeing my kids all because she's upset with me and what can I do about it?

We have joint custody but she's the primary

Troy Tyson
Troy Tyson answered on Oct 29, 2020

She cannot see you from seeing your children if there is a court order that gives you the right to see them. If she is withholding them for an unjustified reason, you may want to consider taking her to court for contempt. You should speak with a family law attorney to get more information on your... Read more »

1 Answer | Asked in Civil Litigation, Divorce, Child Custody and Child Support for Indiana on
Q: Hi I have an initial hearing scheduled for this wed 10/21 and have no representation for the hearing.

This is to set initial custody child support etc.

Troy Tyson
Troy Tyson answered on Oct 20, 2020

You should consider contacting one of the lawyers on Justia to see if you can set up a brief consultation to review your matter. Having representation for a case like this can be very helpful. If you cannot find an attorney by the time of tomorrow's hearing, you can ask the court for a... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If a woman who has 50/50 custody gets put in jail, are her rights taken away

She will be in jail for about 2 and a half years, and has split custody with the child's father. Father will be caring for the child full time while mother is in jail, wondering what happens after she gets out of jail/what her rights will be during the whole process

Troy Tyson
Troy Tyson answered on Sep 28, 2020

Not automatically. Either the father will need to file for a modification of custody, or DCS could intervene.

1 Answer | Asked in Child Custody for Indiana on
Q: Can a parent in a situation where there is no court custody take a child away from other parent without kidnapping

My boyfriend's son's mother has taken their child to indiana after a protective order and temporary custody was granted. It expired in April this year. She has had several CPS investigations. How can we go about getting his son back to him and obtain custody? We live in illinois they live... Read more »

Troy Tyson
Troy Tyson answered on Sep 3, 2020

In Indiana, where there is no formal court order in place regarding custody, the mother has sole legal custody of the child and has authority to make decisions on their behalf. In order for your boyfriend to gain parenting time or decision-making rights, he will need to file a petition for custody... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: What rights does my child’s father have that will hinder/prevent my move to another state?

I wish to relocate back to my home state. The father and I are not in agreement about co-parenting nor does he support it. He has a stretch of absences in her life that confuses me as to why he is so resistant. The child does not know him and cries upon his presence. Any relationship established... Read more »

Troy Tyson
Troy Tyson answered on Sep 1, 2020

You will need to file a "notice of relocation" with the court. The father can object to the relocation and request a hearing. If that happens, the court will hold a hearing and make a determination based on what is in the best interests of your child. The court may consider a variety of... Read more »

1 Answer | Asked in Child Custody for Indiana on
Q: Question about homeschool with custody

In the state of Indiana I have sole physical and legal custody of my daughter my ex has visitation right we were never married and go by the Indiana visitation .. im looking at doing homeschooling instead of public schools do i need to get her permission to do this (she's not happy about the... Read more »

Troy Tyson
Troy Tyson answered on Aug 10, 2020

If you have sole legal custody you have the sole right to make decisions on major issues for your child - including aspects of her education.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Indiana on
Q: Petition to establish custody and parenting time as to minor child born out of wedlock

Father of minor child has filed with the court a petition to establish custody and parenting time as to minor child born out of wedlock. DNA has been confirmed that he is not the biological father. Minor child is 19 months old. Petitioner has established paternity, minor childs biological father... Read more »

Troy Tyson
Troy Tyson answered on Jul 14, 2020

It is not clear from your information what question you are asking. Once a petition has been filed, the court will hold a hearing to make determinations on paternity, custody, and support. You will have a right to appear and present evidence and testimony regarding the issues that you discussed.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Indiana on
Q: My friends boyfriend just got picked up for misconduct with a minor will he still be able to be around his own children?

They have a one year old and are currently expecting another child. What happens if she doesn't leave him?

Troy Tyson
Troy Tyson answered on Jul 13, 2020

Matters like this are largely left to the discretion of the judge, and are based on the somewhat ambiguous standard of the "best interests of the child." Because of the potential complexity, it would be highly advisable to sit down with an experienced family law attorney, and discuss the... Read more »

1 Answer | Asked in Contracts, Family Law, Child Custody and Civil Litigation for Indiana on
Q: How do I obtain previously recorded phone calls of myself when I was incarcerated in order to use them in court?

I'm trying to obtain a transcript or audio of these calls and have been informed Indiana law allows me to as they are public record.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

In Florida all you have to do is ask in writing.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: How do you present text message evidence so it's admissible in court?

Myex filed a protection order as part of divorce dissolution. 14 pictures of sunburn entered as evidence. Have the texts stating I put sunscreen on the kids several times. Just want to show that to the judge. Also is sunburn really enough to keep an active father from his children for almost a... Read more »

Troy Tyson
Troy Tyson answered on Jun 29, 2020

If the text messages are communications between the parties to the case, you should be able to admit them with little trouble.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: What can I do when the other parent is breaking our custody court ordered parenting agreement?

I have joint custody and am the noncustodial parent. Child support is all current no problems but the mother of my son is changing on her own the court ordered visitation time. She has withheld my son once now and will again. How do I get someone to enforce the court order we have so I get my... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 23, 2020

Based on the information provided in your question you can file contempt on her via the courts.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My (current) husband and I are in the process of building a house, the mortgage loan is in his name...

However, the property is in both of our names. Infidelity on his part has caused me to research my potential options going forward and I would like to discuss my legal options. We have two innocent children involved in this mess as well. We live with his parents in one county (the same one we were... Read more »

Troy Tyson
Troy Tyson answered on Jun 19, 2020

The issues you raise are complex ones, and detailed answers would require a more in-depth review of your situation. It is possible, once a divorce is filed, to get through the process amicably and with little effect on the children. However, that largely depends on the respective postures of you... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Indiana on
Q: What is it called when a parent lies to the other parent about the child being in an emergency room? And what can i do ?
Troy Tyson
Troy Tyson answered on Jun 18, 2020

Assuming you share custody with the other parent, you have a right to know about medical emergencies pertaining to your child. If the party is regularly withholding information from you, you can consider filing an action for contempt against them.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can a non-custodial parent keep/refuse to give child back to custodial parent?
Troy Tyson
Troy Tyson answered on Jun 10, 2020

Generally, the answer is no. The exception would be where the is a TRUE emergency or the child's health or safety is at immediate risk. However, courts set the bar high on this and will generally look with skepticism at any party's attempts to withhold a child, so the situation needs to... Read more »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Can a non-custodial parent keep/refuse to give child back to custodial parent?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 9, 2020

Based on the information provided in your question you can but you face contempt or interference with custody charges.

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