Indiana Child Custody Questions & Answers

Q: Court order guardian ad litem for my costudy case . When will I know if a date or time will be set up . Do I have to cal

1 Answer | Asked in Child Custody for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
You should be contacted by either the court or the GAL. However, it will not hurt to contact the court and ask just to be on the safe side.

Q: Can my mom give me custody of my sister if my grandparents have guardianship?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Nov 28, 2018
Alexander Florian Steciuch's answer
Your mother does not have custody of your sister. Your grandparents do. Your mother cannot sign anything over. If your grandparents are the legal guardians of your sister, this means there was a court determination that your mother should not have custody and your grandparents should.

Q: Can I change my visitation schedule?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Nov 27, 2018
Clarissa Finnell's answer
Child related provisions are always modifiable. In order to modify the existing order, you would have the burden of proving there has been a substantial change in circumstances since the last order of the court warranting change you are requesting. I recommend that you have a family law attorney review your Decree and facts of your case to assist you in determining possible outcomes of a modification.

Q: How much rights do I have as a parent to deny a grandparent visitation?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Oct 26, 2018
Alexander Florian Steciuch's answer
If there is no court order otherwise or shared custody agreement or anything else that would give the grandparents a legal right to visit or have custody of the grandchildren, you have the right to keep the children from the grandparents. The grandparents in turn have the right to petition the appropriate court to establish visitation rights. Until that time that an order is put into place that says otherwise, you can keep the children from the grandparents.

Q: I need to file for divorce. I’m sick and currently can not work due to medical reasons. He gives me no financial support

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Answered on Oct 10, 2018
Betsy Walits' answer
You can file and ask for a provisional hearing, during which you can ask for provisional support.

Q: Will the courts grant sole physical custody of a child to a parent that still lives at home with their parents?

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Answered on Oct 8, 2018
Alexander Florian Steciuch's answer
Living at home with your parents is not disqualifying for granting sole physical custody. That said, the determination of physical and legal custody are all done based on the best interests of the child. If the judge determines that sole physical custody awarded to the father is in the best interests of the child, that's will be his or her decision.

Q: I was driving with my 4 year old the other day & she’d dropped a toy I tried to grab it while watching oncoming traffic

1 Answer | Asked in Traffic Tickets, Criminal Law, DUI / DWI and Child Custody for Indiana on
Answered on Sep 11, 2018
Andrew L. Bennett's answer
If you are charged with a crime and a child is involved then yes CPS/DCS will be called. As you say you were picking up a toy, however, the officer did not see that and has to go based on what he observed. If he believes he has enough evidence to prove intoxication you have a serious issue on your hands and need to consult with an attorney. It is very likely that you will have at least one felony charge.

Q: I am married with a child and i havent heard or seen from her father in almost 3 years. Doea he have any rights.

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Answered on Aug 1, 2018
William J Webster's answer
First, I am sorry to hear about the domestic abuse. Unless the Court terminates parental rights which is usually done in adoption cases or cases where the children are removed from the parents by the State. Therefore, unless there is an adoption, your husband will always have parental rights.

If you haven't done so already, I recommend filing for a Protective Order and including the child, so if he suddenly appears and wants to see the child you will have a protective order in...

Q: I pay child support-her father decided to let her try for her GED at age 16--- does this require me to keep paying

1 Answer | Asked in Child Custody for Indiana on
Answered on Jul 24, 2018
Alexander Florian Steciuch's answer
For purposes of child support, Indiana law (IC 31-16-6-6) considers a child emancipated if the child:

is age 19;

has joined the United States armed services;

is married;

is not under the care or control of either parent or someone else approved by the court; or

is at least 18 years old, has not gone to school for the last 4 months, is not enrolled in school, and is or is capable of supporting himself or herself through employment.

Q: Do I have to hire a lawyer to modify custody arrangements?

2 Answers | Asked in Child Custody and Family Law for Indiana on
Answered on Jul 10, 2018
Ronald J. Eisenberg's answer
Check with an Indiana lawyer, but most states allow a party to file such a motion pro se. That being said, you'd be well advised to hire a lawyer for this important matter.

Q: If I have a signed letter stating the farther of my daughter signs his rights away and it’s notarized is that enough

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Jun 14, 2018
Alexander Florian Steciuch's answer
No, this is not enough. A father cannot terminate his obligations to his children by signing a piece of paper and having it notarized. A court order is required to terminate parental rights. A person cannot unilaterally without court involvement terminate parental rights.

Q: I currently live in Indiana and I’m wanting to move to Kentucky with my kids, I have full custody, can I move?

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Answered on May 14, 2018
Timothy Denison's answer
If your divorce agreement or decree does not state otherwise or require you to seek approval of the court before moving , and you have sole custody of the children, you should be able to move without incident. You will likely have to either agree or go back to court to revise thrvisitation schedule with your former spouse.

Q: My boyfriends ex was given legal custody to his son in indiana. Then she moved giving 2 days notice and no notice to

1 Answer | Asked in Child Custody for Indiana on
Answered on Apr 27, 2018
Alexander Florian Steciuch's answer
This issue should have been raised with the court that granted him custody back in 2017 when it first happened. Disobeying a custody order is grounds for contempt of court and can result in imprisonment. You need to consult with a family law attorney who handles child custody as soon as possible.

Q: I'm 16 years old living in Elkhart Indiana. Can I move out of my parents house without their consent.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Indiana on
Answered on Apr 23, 2018
Kevin E. Flynn's answer
This is not a patent question. Justia needs to revise their topics to make it Patent/inventions as Patents looks a lot like Parents. You may want to drop the patent topic from this question

Good luck.

Kevin E Flynn

Q: My son is ordered to complete 95% of his parenting time with his 15 month son before he is able to have ANY OVERNIGHTS?

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Answered on Apr 18, 2018
John Mario Acosta Jr.'s answer
Based on your question and without reading the visitation/parenting time order, usually in my experience most parents are supposed to have paid 95% of their child support in order to claim the child on taxes, then according to the guideline it should be consistent parenting time for 6 to 9 months prior to the non-custodial parent receives overnights, of course this all depends on the age of the child as to how many overnights you receive.

Q: I have full physical custody of my daughter, me and her father have 50/50 legal. Can i move out of state?

1 Answer | Asked in Child Custody for Indiana on
Answered on Apr 16, 2018
John Mario Acosta Jr.'s answer
You can but your daughter can't. You have to file notice with the court 90 days prior to your intent to move and he has 60 days to respond. This is an Indiana state law.

Q: Does the father have to have a dna test to have joint legal custody of a child even with a paternity affidavit?

1 Answer | Asked in Child Custody for Indiana on
Answered on Apr 16, 2018
Alexander Florian Steciuch's answer
A DNA test is not required unless there is another who disputes the paternity. A paternity affidavit is usually presumed true unless it is disputed.

Q: Can I move out of state with my kids

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Apr 8, 2018
Alexander Florian Steciuch's answer
You can, but you have to have permission first. If you are relocating out of state you have to give notification to the other parent and inform the court that oversees your custody agreement. The other parent may contest.

Q: My husband filed for divorce from me, I’m pregnant and don’t want him in it’s life due to he’s abusive. How do I protect

1 Answer | Asked in Divorce and Child Custody for Indiana on
Answered on Apr 2, 2018
Betsy Walits' answer
First of all, most courts won’t let you finalize your divorce until paternity is proven, and that means the baby will have to be born. If he is violent with you, ask for a protective order. That way with the protective order in effect when your divorce is finalized, it will be easier to show domestic violence. There’s really no way to keep him away permanently. Ask for supervised parenting tine at a supervision facility.

Q: Help with absent father who threatens court with me.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Indiana on
Answered on Mar 26, 2018
John Mario Acosta Jr.'s answer
When you get married and your significant other wants to adopt the child you must first terminate the biological parents rights first and then put the adoption through. The termination can be consented to or contested and if contested then a hearing will have to be conducted to see what is in the child's best interest.

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