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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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 »
You should consider speaking with Indiana Legal Services (https://www.indianalegalservices.org/) or the Indianapolis Bar Pro Bono Program (https://www.indybar.org/). If you live in a county other than Marion, then contact your local court and see if they can provide you with information on local...Read more »
Child custody determinations are made based on what is in the best interests of the child; however, there are no hard and fast rules as to what would lead to a modification, as much of that is in the discretion of the judge. Based on the circumstances you've described, though, it is clear that...Read more »
We have join custody and my child wants to drop out due to bullying, I'm ok with with it, shes 16 and we live in Indiana. Her mom isn't ok with it, so I was wondering since we have joint custody do both parents have to give consent for my child to drop out.
Based on the information provided in your question, if you have joint custody of the minor child yes you both have to agree on the decisions made in regards to the minor child's health, education and religion, if you can't agree you can use the court to make the decision for you.
You and the father can write up your agreement and submit it to the court (check with the court clerk to see if they have templates you can use). If the agreement meets with the court's approval, the judge will sign off on it and make it an order. However, you may want to consider seeking the...Read more »
A friend recently got kicked out of her house. She has sole custody of her kids but the dad won't give them back or let her see them. She has an apartment lined up and can take the kids to her parents or a shelter with her. Is it legal for him to keep the kids and why won't the police... Read more »
Based on the information provided in your question this is a civil family matter and the police typically do not enforce civil family orders when the child is with a biological parent or guardian. Additionally, I would add he has some arguments to justify the actions if what you say here is true.
It depends. If the parents have significant issues (history of abuse, etc.), then you may be able to file against the mom to either give you primary custody or ask the judge for an order restricting the children from being around them.
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