T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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.... View More

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... View More

The fact that your ex has a lawyer only underscores the importance for you to retain an attorney and ask these detailed questions to that attorney in a confidential setting.

More generally, the legal standard in Indiana is the "best interests of the children" meaning that the... View More

There are rules of procedure that make this theoretically possible, but it is not at all common in practice.

Your best bet would be to hire an experienced attorney who can put together a compelling argument for why the Court should at least consolidate the evidentiary hearings for the two... View More

It is impossible to answer your question specifically with the information provided. Also, it would not be appropriate to provide more detail in this venue.

I would presume from what you have shared that the Court simply suspended in-person parenting time. You should read the actual order... View More

Heather L Franklin 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

Indiana Code 31-14-13-1 states that the biological mother of a child born out-of-wedlock has sole legal custody of the child. There are exceptions, but absent a court order this is the general rule.

By default, your daughter, as the parent of a child born out-of-wedlock, has sole legal custody of the child and may make decisions on the child's behalf. However, if you feel the child is truly in danger and/or have evidence of the same, you can contact CPS to request an investigation, and... View More

Very sorry to hear about your son, I hope he makes a full recovery. Regarding the custody questions, if the father is not exercising the time he is entitled to under the current order, you may consider requesting a modification of the order to something that better fits the situation. Also, on... View More

If you have a court order and/or share some form of custody of the children, you are entitled to know that information. You might consider filing a motion for contempt against mother. It might also be a good idea to sit down with an experienced family law attorney to discuss your case in detail.

It is unclear what exactly you are asking, but just as a general answer, if a filing or an action was "dismissed without prejudice and stricken," that means that the court has terminated it and will take no further action on it, but the "without prejudice" part means that the... View More

You may consider filing a counterclaim or challenging his paternity in court. However, your question does not provide many specifics so it is difficult to say. You might seriously consider sitting down with an experienced family law attorney to discuss your case in more detail.

You may need to consider filing a petition with the court to modify parenting time or otherwise restrict this person's access to your children. You should consider speaking with an experienced family law attorney about your case.

That's not the norm but it will depend on what is stated in your court order. Consult the order for that and you may also want to consider speaking with an experienced family law attorney to get clarity on this and other issues.

If you are willing and able to take care of the children, then a guardianship may be a good option for you. You should speak with an experienced attorney to discuss details about how to undertake that.

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.

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.

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... View More

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.