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Indiana Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Indiana on
Q: What are my child visitation rights at a paternal parent that pays child support. We do not have a court order.
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on May 28, 2020

Based on the information provided in your question it depends if you have established paternity or not and if so at a minimum Indiana Parenting Time Guidelines.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: How can i get legal aide in a divorce/ custody case with no income?
Troy Tyson
Troy Tyson
answered on May 20, 2020

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... View More

2 Answers | Asked in Child Custody for Indiana on
Q: My ex wife got charged with her 2nd OWI with our child in the car. Can I get custody of our child?
Troy Tyson
Troy Tyson
answered on May 18, 2020

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... View More

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1 Answer | Asked in Child Custody for Indiana on
Q: My child is 16 and wants to drop out. We live in Indiana and I was wondering if both parents need to sign if we do joint

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.

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on May 13, 2020

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.

1 Answer | Asked in Child Custody for Indiana on
Q: What do I do if I filed for support already, but now want to make a personal agreement with father?

already have pending court date. My paperwork has already been turned in to support office. He filed for joint physical custody immediately after to try to avoid paying support

Troy Tyson
Troy Tyson
answered on May 11, 2020

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... View More

1 Answer | Asked in Child Custody for Indiana on
Q: If you have sole custody of your kids and the dad won't give them back, why won't the police help?

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... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Apr 30, 2020

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.

1 Answer | Asked in Child Support, Family Law and Child Custody for Indiana on
Q: If permanent gurdianship was granted is the guardian responsible to support the child or the ncp? In indiana need statue
John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Apr 30, 2020

Based on the information provided the non-custodial parent may still need to provide support to supplement the rearing of the child even if there is a permanent guardianship in place.

1 Answer | Asked in Child Custody for Indiana on
Q: 5050 custody of my son. With parenting time book can I take my son at nights when she works, instead of sitter?

My ex wife and I have 5050 custody of my son. What I get by the parenting time handbook... Can I take my son at nights till morning while she's at work instead of the sitter or her bf?

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Apr 30, 2020

Based on the information provided in your question I would say you can try and agree to it but if not and you intend on wanting it you can file something with the court.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What are my rights concerning my ex living with her parents with whom I'm not comfortable?

Do I have any legal right to say who my kids are around or living with? I have joint custody of my kids and I still have them every other weekend.

Troy Tyson
Troy Tyson
answered on Apr 27, 2020

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Mr. Tyson, how much would this and a support judgment cost him? In re: to My sons girlfriend leaving.
Troy Tyson
Troy Tyson
answered on Apr 25, 2020

Hello, please give my office a call at (317) 514-2681 and I would be happy to walk you through this.

Thank you,

Troy

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Is a visitation court order consider essential travel?

My son lives in ky with his father I have visitation ordered by indiana state guidelines I have not seen my son since march 8th. I have been very patient. His last official Day of school there will be May 5th. His father still will not allow me my visits

K. Aaron Heifner
K. Aaron Heifner
answered on Apr 19, 2020

Yes, The Court Order for parenting time with your minor child is deemed essential travel. Indiana Governor addressed exchanging children in Sec. E number 16 of Indiana’s stay at home order on or about March 20, 2020. This includes travel to other states, Kentucky.

Call an attorney for...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Does he have legal rights to the baby?

My friend lived in Indiana. She got married and had a baby with her husband. He didn't want to sign the birth certificate. They are now separated and they have not established paternity (but he is in fact the biological father). Does he have any rights to the baby even though they are married?

Troy Tyson
Troy Tyson
answered on Apr 7, 2020

If a child is born during a marriage, the husband is presumed to be the father, although that can be rebutted. If the husband and your friend are still married, he does have custody/parenting time right, although exactly what they are would need to be decided by a court.

1 Answer | Asked in Tax Law, Family Law, Child Custody and Child Support for Indiana on
Q: Can i claim myself & my 6 month old on taxes this year if:

- Father & i never married

- Father doesnt get a return dur to back-taxes & debts

- Father does not pay child support

- He can claim head of household from Oct 2019 - Feb 2019 for myself & our son

- Before we separated, I txted him that he could claim... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Apr 1, 2020

For IRS purposes whichever parent provided more than half of the support for the child is the custodial parent and is entitled to claim the child.

To transfer that right to the other parent requires a Form 8332. A verbal promise is not enforceable.

Based on the information...
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1 Answer | Asked in Child Custody for Indiana on
Q: During COVID-19 mandates, does parent in MI have right to INSIST on transporting child who lives in IN

Stepparent in Niles was "home sick" the other day, works for InstaCart (so lots of exposure) Child lives in Bremen, schools at LaVille, has far less risk of exposure. (and i am on NEITHER grownup's side ... have explained to both from beginning the only "winner" should... View More

John Mario Acosta Jr.
John Mario Acosta Jr.
answered on Mar 31, 2020

Based on your question and the information contained I would look to what State the order is from and if that State has child exchanges as an essential reason for travel then exchanges can happen. If the other parent can't leave because of a state order from the governor then the other party... View More

1 Answer | Asked in Child Custody for Indiana on
Q: Can a joint custody parent withold child against agreement

My daughter has a ten year old son which she and the father share joint custody with the child switching between homes every other week set by a custody agreement. The stepmom stated last night that they were going to keep him until the corona virus has passed. Her reasoning is he is safer there.... View More

Troy Tyson
Troy Tyson
answered on Mar 31, 2020

At this time things are changing day-by-day with the coronavirus issue, so your daughter will want to stay tuned to any updates from the Governor or other legal entities. However, for the time being, the guidance from the Governor and the courts is that all parenting time is to continue as-is,... View More

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: I live in Indiana, under a stay home ban. Have 5050 custody of my son. Am I allowed to keep him with me till the ban is

5050 custody, and I'm In Charge of medical.

Troy Tyson
Troy Tyson
answered on Mar 26, 2020

Right now the governor has issued a Stay-Home Order, but that order carves out an exception for parenting time exchanges. It appears that parenting time should go forward for most cases as-is, unless there is an immediate/emergency safety issue for the child.

1 Answer | Asked in Child Custody for Indiana on
Q: I’m in Indiana and we have a stay home order in place how does visitation work for non custodial parent

No court ordered visitation father is threatening and telling daughter I am keeping my daughter from him

Troy Tyson
Troy Tyson
answered on Mar 25, 2020

If you do not have a court order for a child born out-of-wedlock, then you as the mother have sole legal custody and can make decisions on your own about what is in the best interests of the child, including what parenting time should be allowed.

1 Answer | Asked in Child Custody for Indiana on
Q: Can my ex-wife legally keep my children away from me during this pandemic?
Troy Tyson
Troy Tyson
answered on Mar 25, 2020

There still remain some questions as to how custody issues such as yours will be considered by the courts given the circumstances. However, for the time being - and assuming there are no other significant details (such as your child having a serious medical condition - then parenting time should... View More

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