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Indiana Child Custody Questions & Answers
3 Answers | Asked in Immigration Law, Child Custody, Child Support and Family Law for Indiana on
Q: Options for keeping husband with overstayed C-1 visa in the US legally

My husband entered the United States on a C-1 Visa in 2019 and overstayed. He filed for asylum, but his application was denied, placing him in removal proceedings. We married in 2023, and I am a U.S. citizen. We have a one-year-old child together. Due to financial hardships, we filed an I-130... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on Oct 2, 2025

The C-1 transit visa is particularly difficult for marriage-based adjustment since the statute bars most C-1 holders from adjusting status inside the U.S.

However, because you are a U.S. citizen and you have a child together, there may be waivers available for unlawful presence and...
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3 Answers | Asked in Immigration Law, Child Custody, Child Support and Family Law for Indiana on
Q: Options for keeping husband with overstayed C-1 visa in the US legally

My husband entered the United States on a C-1 Visa in 2019 and overstayed. He filed for asylum, but his application was denied, placing him in removal proceedings. We married in 2023, and I am a U.S. citizen. We have a one-year-old child together. Due to financial hardships, we filed an I-130... View More

Stephen Arnold Black
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answered on Sep 30, 2025

A person who enters the U.S. on a crew visa is not eligible to adjust status through marriage to a U.S. citizen. Once the visa status expires, your husband begins accruing unlawful presence. If that unlawful presence exceeds one year, he will trigger the 10-year reentry bar upon leaving the... View More

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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 Domestic Violence, Criminal Law, Child Custody and Family Law for Indiana on
Q: How can I pursue domestic violence charges in Indiana, and what is the statute of limitations?

I am a victim of domestic violence who endured abuse for years. After moving forward with ending the marriage, an emergency protective order was issued against my spouse due to physical assault with injury. However, no charges were filed, and I am unaware of any investigation or consequences for... View More

James L. Arrasmith
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answered on Nov 4, 2025

You pursue criminal charges by prompting law enforcement and the county prosecutor to review and file the case—private citizens in Indiana cannot file criminal charges themselves.

Call the investigating agency in New Albany to obtain your incident numbers, give a supplemental recorded...
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1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Do I have grounds to hold my coparent in contempt for violating visitation orders?

I have court-ordered supervised visitation due to a mental health incident two years ago, and I'm regularly undergoing treatment to transition to a standard parenting schedule. My coparent has been canceling visitations frequently, offering make-up time, but then cancels again. At our last... View More

James L. Arrasmith
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answered on Oct 30, 2025

Yes, based on what you’ve described, it sounds like you may have grounds to file a **motion for contempt** if your coparent is willfully violating the court’s visitation order. When a judge issues an order for supervised visitation, both parents are legally required to follow it as written.... View More

1 Answer | Asked in Child Custody, Appeals / Appellate Law, Civil Litigation and Family Law for Indiana on
Q: How to challenge a sole custody decision based on false statements?

I am facing an issue with a recent custody decision where my husband was granted sole custody based on false statements he made. The judge's decision ignored evidence I provided, including school records from Illinois and letters from teachers. During the process, I was told I had no right to... View More

James L. Arrasmith
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answered on Oct 29, 2025

Move quickly: you have 30 days from the final custody order to file a Notice of Appeal, and a timely Indiana Trial Rule 59 Motion to Correct Error can toll that deadline. Order the transcript and exhibits immediately and, if the judge excluded your school records, ensure the record contains an... View More

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: My ex filed for a hearing to change our parenting time arrangement in Indiana. What should I expect?

My ex has filed for a hearing to change our parenting time arrangement, citing a change in circumstances as the reason. The documentation I received did not specify the exact changes requested. Currently, we adhere to the Indiana Parenting Time Guidelines. The change referenced seems to be related... View More

James L. Arrasmith
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answered on Oct 28, 2025

You’re right to prepare carefully for this hearing because parenting time modifications can significantly affect your child’s schedule and your relationship. In Indiana, a judge can change parenting time if there’s been a **substantial change in circumstances** and the modification is in the... View More

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: How does FROR impact children in a high-conflict co-parenting situation in Indiana?

I am in Indiana, and my ex-partner has filed for the First Right of Refusal (FROR) concerning our children, aged 14, 12, and 11. My children are mature with active social lives, and I am concerned about how FROR might disrupt their routines. This is a high-conflict co-parenting situation with poor... View More

James L. Arrasmith
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answered on Oct 28, 2025

You’re right to be cautious, because the **First Right of Refusal (FROR)** can have a big impact on families, especially in high-conflict situations. In Indiana, FROR is designed to give each parent the opportunity to care for the children before a third party (like a babysitter or relative) does... View More

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: What can I do about my minor child living with neighbors without respecting my parental rights?

I am the legal guardian and have had custody of my 16-year-old minor child for his entire life. Recently, he has moved out and is living with neighbors. Despite several conversations, he is refusing to come home, and the neighbors are not respecting my parental rights or requests. Additionally, my... View More

James L. Arrasmith
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answered on Oct 25, 2025

You are in a difficult and emotional situation, but as your child’s legal guardian, you still have full parental rights unless a court says otherwise. At 16, your child is still a minor, which means neighbors have no legal authority to let him live with them without your permission. The first... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can grandma get visitation rights despite potential harm to medically fragile son?

My medically fragile son, who has severe autism, epilepsy, cerebral palsy, blindness, developmental delay, and is non-verbal, has not had contact with his grandmother for over three years. Previously, there was a court order for visitation, but it was canceled, and our attempts to arrange visits... View More

James L. Arrasmith
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answered on Oct 25, 2025

You have every right to be concerned about your son’s health and well-being, especially given his complex medical needs. In most states, including those that allow grandparent visitation, the court’s primary focus is always the best interest of the child. Since your son is medically fragile and... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Indiana on
Q: How can I advocate for equal parenting time in Indiana divorce?

I'm a father of two young children, ages 7 and 4, and I am about to go through a divorce in Indiana. There is no history of abuse or drug use, and I have always strived to be the best father I can be. I am concerned about how physical custody time will be allocated. I believe that equal... View More

James L. Arrasmith
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answered on Oct 22, 2025

You can absolutely advocate for equal parenting time in Indiana; the court decides custody on the “best interests of the child,” and there is no legal presumption favoring either parent. Start from the Indiana Parenting Time Guidelines (IPTG), which set minimum time and emphasize both... View More

1 Answer | Asked in Child Support, Child Custody, Arbitration / Mediation Law and Family Law for Indiana on
Q: Do Indiana parenting guidelines apply if child support jurisdiction is moved to Indiana?

If the jurisdiction over the child support of a divorce decree has been moved to Indiana, do the Indiana parenting time guidelines apply even though the original decree only had an attachment of the long-distance parent guidelines? One parent is residing in Indiana, and the other parent is in... View More

James L. Arrasmith
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answered on Oct 22, 2025

When a child support case’s jurisdiction is moved to Indiana, it doesn’t automatically mean that Indiana’s parenting time guidelines also apply. Jurisdiction over child support and custody or parenting time are treated separately under the law. Unless a court specifically transfers or... View More

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Custody conflict during fall break in Indiana: who gets daughter on her birthday?

My ex-husband is scheduled to have our daughter during fall break next week under the standard Indiana Parenting Time guidelines. However, her birthday falls in the middle of fall break, and I am scheduled to have her for her birthday. There are no modifications to our agreement about birthdays,... View More

James L. Arrasmith
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answered on Oct 16, 2025

Under Indiana’s Parenting Time Guidelines, the Holiday Parenting Time Schedule controls when it conflicts with other schedules, and when a child’s birthday falls within a “Special Day, Holiday, or Christmas vacation,” the birthday itself is celebrated with the parent who has the child... View More

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