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Indiana Family Law Questions & Answers

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Communications Law for Indiana on

Q: My ex monitors ALL convos between child/me & used transcribed recording as evidence, lying about origin. What can I do?

The recording was from a landline, when the child was home alone. Child & I talk across state lines. Ex also monitors all online activity & shows up places where I’m to drop off child for extracurricular activities.

Bradley Banks answered on May 13, 2019

In Indiana only one side of a call must consent to it being recorded.

2 Answers | Asked in Contracts, Family Law, Real Estate Law and Landlord - Tenant for Indiana on

Q: My abuser is living at my apartment and won't leave. He isn't on the lease so how can I get him out of there?

This is a domestic violence situation. My landlord wants to evict me because of the situation.

Bruce Alexander Minnick answered on May 7, 2019

Wait until he goes out for something he needs and then change the locks.

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1 Answer | Asked in Family Law for Indiana on

Q: As the wife can I be allowed to prohibit my deceased husband's children from funeral services?

Alexander Florian Steciuch answered on May 3, 2019

I am sorry for your loss. Assuming you are the individual in charge of the funeral services, yes, you may bar your husband's children from the funeral services. This is determined by either an appointment by law under Indiana statute or you are appointed through an estate planning document your... Read more »

1 Answer | Asked in Family Law for Indiana on

Q: Do I need a guardianship if I have a general POA to be able handle issues with social security?

This for my husband.

Alexander Florian Steciuch answered on Mar 13, 2019

You should be able to handle issues pertaining to Social Security for the principal of the POA. That said, many POAs are limited in scope while others explicitly spell out what powers are granted to the POA agent. You should review the POA to see if it authorizes you to speak to the SSA.

1 Answer | Asked in Family Law for Indiana on

Q: Need to find out about contesting a will

Alexander Florian Steciuch answered on Mar 13, 2019

If you are looking to contest a will you should look for a local probate attorney to set up a consultation. You can use this website to find one.

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Indiana on

Q: I struggle with severe family issues yet CPS dont do anything on lack of evidence. I am 17 (18 in Oct) can I move out?

I'm the oldest of 4. Me and the second oldest have same dad but the other 2 have different dads. We've had issues growing up from abusive homes to moving from evictions. I started being a suicidal and depressed mess with severe anxiety at a very young age. Child services never do anything. My... Read more »

Andrew L. Bennett answered on Mar 11, 2019

Consult with a family law attorney to discuss your options, including emancipation.

1 Answer | Asked in Family Law for Indiana on

Q: My Mother passed leaving my Sister executive of her will; however, my Sister passed recently. Now what must be done?

Alexander Florian Steciuch answered on Feb 7, 2019

If the named executor or personal representative is unable or unwilling to serve, you should consult the will to see if there are any alternate ones named. If there are not, an heir or family member can open the probate estate and petition the court to appoint an executor or personal... Read more »

1 Answer | Asked in Estate Planning and Family Law for Indiana on

Q: In IN, with no will who will my husbands assets go to with one adult child from 1st marriage and two children with me.

We have been married for 6 years. The house and all vehicles are in both my husbands and my name. What would happen to our assets if he passed without a will?

Alexander Florian Steciuch answered on Feb 7, 2019

First off, you should consult with a probate or estate planning attorney in your area for legal advice. These situations should always be thoroughly reviewed by a probate or estate planning attorney, otherwise costly mistakes can be made.

Second, if your husband passes away without a will,...
Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on

Q: State of Indiana

My last child with the custodial parent will be turning 19 on March 8th, 2019 which is 53 days from today. What is involved and how soon can I begin proceeding in ending the child support?

Clarissa Finnell answered on Jan 18, 2019

Child support terminates in Indiana at age 19 unless you have a disabled child. If your support is being paid by income withholding you may need an order from the court to terminate the withholding order when your child turns 19. I recommend consulting with a family law attorney in you area to... Read more »

1 Answer | Asked in Child Support and Family Law for Indiana on

Q: Can I get child support in Indiana if I don't have a job?

I currently live in Texas. I found out my husband never divorced his first wife. We've been together almost 10 years, married 6 years. I am having our marriage voided and I'm moving to Indiana near Hartsville, with the kids. I will not have a job right away, I will make maybe 20% the amount of... Read more »

Alexander Florian Steciuch answered on Jan 10, 2019

You can get child support established even if you do not have a job. Each county in Indiana has free legal services available to parents looking to establish child support obligations. This website can help you. https://www.in.gov/dcs/2483.htm

1 Answer | Asked in Probate and Family Law for Indiana on

Q: Do I have to probate a will that contains only personal items, such as clothing, furniture, dishes ect. Value 500.

Alexander Florian Steciuch answered on Jan 8, 2019

As a matter of law you have a duty to 'spread the will of record' or 'file the will without administration.' What this means is that you go to the court and file the will with the court but do NOT probate the will. No administration is put in place, no executor is appointed, no estate is opened.... Read more »

1 Answer | Asked in Family Law and Estate Planning for Indiana on

Q: Is it legal in the state of Indiana to be medical POA, financial POA, beneficiary in a will, and later executor of will?

Alexander Florian Steciuch answered on Dec 4, 2018

Yes. There is nothing that prevents a single individual to act in all of these different capacities at once.

1 Answer | Asked in Family Law and Elder Law for Indiana on

Q: I wish to contest the chosen executor of my mother's will.Or possibly to contest the will itself. How should I proceed?

My mother is still living. The court to petition is in Bedford, Indiana.

Alexander Florian Steciuch answered on Nov 29, 2018

You cannot contest a will before the person has passed. Your mother could voluntarily change the appointment of the executor at any time and make the point moot. You also need to have standing to challenge the nominated executor, as well as having an actual legal issue to challenge the nominated... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on

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

My grandparents are in PA and that is where they got guardianship. My mom and I are in two different states. My mom never signed over custody when my grandparents got guardianship. I was wondering if my mom could sign my sister over to me so I do not have to take my grandparents to court?

Alexander Florian Steciuch answered on Nov 28, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Indiana on

Q: Can I change my visitation schedule?

My current decree doesn’t have a visitation schedule, we are to work it out due to his work schedule. He works swing shifts and his schedule is never the same. I want to have set times due to his lack of communication and commitment to his time with her. I often get last-minute cancellations,... Read more »

Clarissa Finnell answered on Nov 27, 2018

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... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on

Q: What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the

What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it

Oh and the... Read more »

William J Webster answered on Nov 10, 2018

In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.

In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/...
Read more »

1 Answer | Asked in Family Law for Indiana on

Q: So my wifes mother passed. They haven't been on speaking terms for the last 3 years. Her friend says that she has

executor of will. We want to bury her in the family plot but her friends says we have no say in the matter.

Alexander Florian Steciuch answered on Nov 7, 2018

Indiana law dictates the order of who is allowed to make plans for handling the remains of a deceased individual. Under Indiana law, that order is:

1. Individual named in a funeral declaration

2. The appointed healthcare power of attorney

3. Surviving spouse

4. Adult...
Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on

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

Alexander Florian Steciuch answered on Oct 26, 2018

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... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on

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

Fathers son wants sole physical custody of our son after recent break up, but he lives at home with his parents so he’s not fully taking care of his self, however I have been the primary caretaker to our son as well as my other child. Will the courts allow him sole physical custody just because... Read more »

Alexander Florian Steciuch answered on Oct 8, 2018

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... Read more »

1 Answer | Asked in Family Law for Indiana on

Q: is there a law that relates to pro se litigants being rushed in the court room?

i represented myself pro se , and while i was told this would be a "day-long" hearing, the Judge rushed my questions to opposing party, stating that there were only 90 min total. i didn't ask all the questions i had for fear that i was running out of time. Now i am appealing, and wondering if there... Read more »

Alexander Florian Steciuch answered on Aug 8, 2018

As far as I am aware of there is no law about rushing a pro se litigant through a bench trial. That said, courts are run on a schedule. Generally if a trial is not completed in the allotted time, another date and time is scheduled for an additional hearing. You may have been confused on 90 minutes... Read more »

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