Get free answers to your Child Custody legal questions from lawyers in your area.
answered on Mar 23, 2020
In very general terms, custody is typically more durable, expansive and permanent than a guardianship.
However, there can be exceptions to this, such as when a permanent guardianship of a minor is ordered.
Also, not all individuals who can be guardians would be eligible to have custody.
Is he legally aloud to keep her and not give her back since nothing is settled in court?
answered on Mar 17, 2020
Under Indiana law, if a child was born out-of-wedlock and there is no court order governing custody, then you as the mother would have sole legal custody. This means that decisions regarding where your daughter stays would be up to you. So the father would be required to return her to you.... View More 
Can dad not agree on me getting full costidy?
answered on Mar 3, 2020
Yes, the father can disagree with you having full custody whether he's paying child support or not. It is his right to contest is as a parent if he does not agree with it. However, if you have a hearing scheduled, you will be able to appear and present testimony and evidence as to why you... View More
answered on Feb 27, 2020
Based on your question you file a motion with the court.
Let him have her on weekends on one of his visit he went and filed paternity now he refused to give child back this is day thirteen the cops won't help nothing
answered on Feb 26, 2020
Based on your question if if are the mother and he has not been given custody or deemed the father by a court then he has no rights to the child at this point.
I notified the court and father morning of clerk told me they hadn't been up in front of Judge and what documents to bring in.
answered on Feb 26, 2020
Your question leaves out a lot of important information so I cannot give a definitive answer to this. However, in general, yes a third party can be granted guardianship or custody in some circumstances.
I can’t go back to my moms yet untill an old step parent of mine is gone my boufriend has offered to talk to his mom and let me stay there but I don’t think I can leave with out her calling the cops after a while sayin I’ve run way and I do t wanna be charged for runaway when I wanted to get... View More
answered on Feb 25, 2020
It sounds like DCS is involved with your family, or was involved anyway. If my assumption is correct, I'd suggest you reach out to your caseworker and talk to them about your situation. But if you feel you are truly being abused then you should call 911, or contact any attorney who would make... View More
I also need to know about if their breast fed when will fathers get child ?
answered on Feb 24, 2020
In Indiana both parents are to have equal standing before a court when it is making determinations on child custody. The primary determining factor for custody decisions is what is in the best interests of the child.
My 5 year old is enrolled in kindergarten and missed 14 days over the course of 3 months of school due to being sick but wasnt sick enough that it required me to take him to the doctors so I didnt get doctor notes for those days. The school has to report to dcs if a child misses more than 10... View More
answered on Feb 21, 2020
Based on your question you can't drop the case and request DCS leave you alone. Once a report is made they investigate and go from there.
I want 50/50 legal and physical custody of my 13 month old daughter. My only child. Her mom has 3 subsequent children all by different men that dont pay support. Ive been in my daughters life since she was born despite her moms efforts to keep me out of her life. I hired a lawyer and took her to... View More
answered on Feb 11, 2020
This is something you should definitely be discussing with your attorney, that's what you are paying them for. In general true 50/50 physical custody is fairly tough to get, particularly if the other party objects and considering the age of the child. There is nothing wrong with you trying, as... View More
She was initially self admitted, however is being transferred from a stress center to "another facility" that the staff will not disclose to any one. The will not even confirm that she is at the stress center at this time, although her mother confirms that she is there.
answered on Feb 10, 2020
Based on your question you can file for divorce at anytime for any reason in the State of Indiana.
I'm thinking she's trying to lock me in to a support order before she turns 19 so she can get me for extended college expenses.
answered on Feb 10, 2020
Based on your question you can still file for emancipation and if requested may be required to pay for college expenses.
She filed for divorce in a county we do NOT have residence in (her mom and dad's home). She moved herself there with my son under the pretense that she would be seeing a specialist for his health and doing work while her parents babysit. I was more than taken by surprise by the divorce... View More
answered on Feb 5, 2020
Based on your question the residency requirement is 3 months in any county in the State of Indiana. You are still the biological parent and should have custody and parenting time. You need to seek counsel to address these matters.
At the hearing, the judge never let me present my side and called the hearing for the day. Almost a year later, my daughter is still struggling emotionally, her grades are slipping, she’s becoming a distraction in school, and I was sent a letter from the school about her extensive tardies... View More
answered on Feb 3, 2020
Based on your question you should, but remember the standard of proof is what is in the best interest of the child
My boyfriend and I have been struggling to deal with his 2 children's mother. We have both girls the majority of the time but any time she gets mad or we do something she doesnt like (like putting them to bed before midnight) she threatens to take them and never allow my boyfriend to see his... View More
answered on Jan 31, 2020
Based on your question he needs to have paternity established through the courts, if he has then custody and parenting time should have been ordered by the court, if not he needs to get it done.
There is a juvenile paternity case which is what my lawyer used previously to file for visitation. Can I use that case number to file for custody or do I need to use the case number from the dcs case that was the reasoning behind my parents getting custody
answered on Jan 28, 2020
Based on your question you would file under the paternity case number and if there is an open DCS matter under that case number as well.
She was born out of wedlock and we were never married I am the father and theres no current custody agreement.
answered on Jan 25, 2020
Yes, you can file a paternity action to establish your parental rights.
My sons mother is in drugs. I have called cps about it but ahe alwaya found away to get away with it. Now a year later she lost her house amd job. My son is living with me because of the living situation . i walked in her house to pick him up for a visit
She had no fridge . no food. No... View More
answered on Jan 24, 2020
Based on the information you provided in your questions you can file a motion with the court to change custody, parenting time and support.
My son lives with my mother but i have full custody can she not let me see him?
Our divorce decree does not state whose address is her legal address. My address is used for health insurance as I carry it and her dad's address is used for school. She will be getting her license soon and we are not sure what address should be used.
answered on Jan 20, 2020
You should consider modifying the decree to explicitly state the Child's formal address. This could continue to cause problems down the line.
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