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Indiana Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: my boyfriend would like to get custody of his daughter. she is 10. the mother signed her rights away to her parents.

when the court date took place before, they did not tell him when it was so he could not appear to get a say at all. for 5 years he was left with no contact or visitation.

Troy Tyson
Troy Tyson answered on Jan 11, 2020

If your boyfriend can prove that he was never properly served or notified he may have some recourse. Speak with an experienced family law attorney ASAP to see what your options are.

1 Answer | Asked in Family Law for Indiana on
Q: what forms can pro se respondent file in custody case after answer has been filed before the contested hearing is held.

I have filed the answer and opposition for myself. There has not been any type of fact finding forms filed nor has there been any mediation.

Troy Tyson
Troy Tyson answered on Jan 7, 2020

You can file just about any motion or form that an attorney can. However, that does not mean it is in your best interest to do so. You should seriously consider sitting down with an experienced attorney to help you with this matter.

1 Answer | Asked in Civil Litigation, Tax Law and Family Law for Indiana on
Q: What are the rules for the foster parents adding my kids on their taxes

DCS is saying that to foster parents are allowed to clean my kids on their taxes but I don't think that is right but they won't tell me the rules on why they can my kids were only in DCS care for maybe 5 months

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 31, 2019

If a government agency has placed the children with a family then that qualifies for the relationship test required to claim the child as a dependent.

Assuming the other factors are in line they would be allowed to claim the child.

This is very common in foster situations.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Do be I need a child/family lawyer to get legal rights to my children

I need help I'm in Lafayette Indiana and my 2 children are in Jamestown Tennessee and I am trying to get legal rights to my children.

Troy Tyson
Troy Tyson answered on Dec 31, 2019

Your questions leaves out a lot of important details regarding your situation, but yes, in general, you should certainly seek the assistance of an experienced family law attorney to help you with this situation.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: Where can I find in the guidelines or law about child support for split custody?

We do not have joint custody. I have custody of the oldest, my ex has custody of the two younger. Where in the guidelines does it address split custody child support?

Troy Tyson
Troy Tyson answered on Dec 24, 2019

Your situation would be addressed directly by the Indiana Child Support Calculator, which takes into account any additional child support obligations of either party. Hope that helps.

1 Answer | Asked in Adoption and Family Law for Indiana on
Q: Do I need a lawyer for my husband to adopt my daughter?

My husband of 9 years wants to adopts my daughter. Her biological dad hasn’t been involved since day 1. she’s 14 , he’s never paid child support and no order in place for it. They’ve never even met, except once when she was first born. He’s not listed on the birth certificate. Do I need... Read more »

Troy Tyson
Troy Tyson answered on Dec 20, 2019

Even in a situation like this, where it appears you have a lot of points going in your favor, the adoption process can still be quite complex. You would be well served to at least speak with an experienced attorney to get a thorough review of your case.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Is there anything that can be done if the father of a child keeps calling child protective services making false accusa

Almost weekly he is doin this and every time it's substantiated. But DCS protocol is to investigate every report that comes through. So they said unfortunately they have to do their part each time

Troy Tyson
Troy Tyson answered on Dec 20, 2019

I think you meant that every time it's "unsubstantiated," meaning no basis was found for the charges. This is, unfortunately, something that happens from time to time. What DCS told you is generally correct, that they have a duty to investigate the charges that are lodged with them.

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Indiana on
Q: What exactly is a Motion for Rule to Show Cause? I asked the Court to hold my soon to be ex-wife in Contempt of Court

My soon to be ex-wife wife was ordered by the Judge over the PO Hearing to return my personal property that she was refusing to return. Her parents were to drop it off at the end of my parents driveway and they did not do it. I wrote a letter to the Judge requesting that he hold them in Contempt of... Read more »

Troy Tyson
Troy Tyson answered on Dec 20, 2019

There's not enough information in your question to say for sure what the document pertains to, but in general, a Motion for Rule to Show Cause is what is filed when one party is requesting that the court find another party in contempt for violation of an order. So, it could be that the court... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: The custodial parent has moved 8 times, our child is 6 now, this is getting out of hand. What should I do

We have a custody agreement settled in court, it does not limit moving but 8 different times since our child has been born, and I found out recently is about to move again, took her out of her school to now homeschool. Something seems very off about all of this. It's my understanding I have 14 days... Read more »

Troy Tyson
Troy Tyson answered on Dec 19, 2019

A moving parent is required to file a notice of any relocation with the court, and also notify the other parent (I.C. 31-17-2.2). The non-moving parent then has the right to challenge the move or request a change of custody. If you believe that this pending move is not in the child's best interest,... Read more »

1 Answer | Asked in Family Law, Divorce and Child Custody for Indiana on
Q: What is the statute in indiana that is fir dissolution of marriage and domestic relation.

I am filling a motion to establish joint custody and visitation if this helps.

Troy Tyson
Troy Tyson answered on Dec 19, 2019

The section of the Indiana code that deals with dissolution of marriage is I.C. 31-15.

Hope that helps.

1 Answer | Asked in Family Law, Civil Rights, Health Care Law and Medical Malpractice for Indiana on
Q: Please, how do I obtain a Psychiatric Advanced Directive? And will it even work?

I've been asking or this for years.

Jonathan Armiger
Jonathan Armiger answered on Oct 9, 2019

Indiana Code sections 16-36-1.7-0.5 to 16-36-1.7-5 deal with Psychiatric Advance Directives, including requirements to execute a directive as set forth in Indiana Code section 16-36-1.7-2. You can view these and other Indiana Code sections online using this website:... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Indiana on
Q: In the state of indiana do you have to fill out a financial worksheet for support even if you are doing joint custody?
Clarissa Finnell
Clarissa Finnell answered on Oct 3, 2019

If you are asking if you will be required to file a child support worksheet in cases where you share joint physical custody then the answer is most likely "yes". It is not necessarily the case that neither party pays support when they share equal time with their children. Indiana utilizes an... Read more »

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can I move my child out of state without the father and/or his permission?

Our baby was born out of wedlock and we do not live together but both of us signed a paternity affidavit. Being her physical custodian (no court order stating otherwise), am I allowed to move both me and her out of state without the father or his permission?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 5, 2019

Based on the information provided in your question if paternity has not been established by the court via a paternity court order and no parenting time has been established you can move.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Who has physical &/or legal custody of a child born out of wedlock among parents that dont live together? Mom or dad?

Both signed a paternity affidavit and there's been no court order, trying to not go through the process of needing one.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 2, 2019

Based on the information provided in your question the Mother is the physical custodian of the minor child born out of wedlock unless a court order says otherwise.

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Is my ex required to provide his wife's income during a modification since that is a second income for his household.

He was not originally married when the support order started.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 2, 2019

Based on the information in your question no he is not.

1 Answer | Asked in Adoption, Family Law and Military Law for Indiana on
Q: What has to be done to get out of a military contract prior to going to naval academy.

My brother in-law just turned 18 and is about to go to naval academy. The thing is he never wanted to be in the military. Both he and my wife lived in an abusive adopted household and he was forced to enlist. He only just turned 18 and finally moved out, he is willing to do all most anything, even... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 1, 2019

Based on the information provided in your question he would have to contact the school if he is to attend college, if he has an enlistment contract he would have to talk to the recruiter who signed him up to try and void it. If her can't by the time he is supposed to leave I would advise him to... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: When does child support end in Indiana?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 30, 2019

Based on your question it can end at 19 if the child is not in post secondary education.

1 Answer | Asked in Family Law for Indiana on
Q: Is an "in hospital" paternity affidavit still valid if both parents were in the same room at the time of signing?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information provided in the question yes it is valid.

1 Answer | Asked in Divorce, Family Law, Identity Theft and Libel & Slander for Indiana on
Q: How long does a woman have to change her name after the court restored the name she requested? It’s been seven years.

The woman has picked up many charges and is using my last name to do so including a recent deception charge. She’s trying to impersonate my children’s deceased mother as well in hopes of becoming the payee for disability or social security. Plus, she’s squatting in a deceased man’s house... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 30, 2019

Based on the information provided in your question as long as the court issued an order she could restore her maiden name upon the dissolution of marriage then it can be done, even though the order if old.

1 Answer | Asked in Family Law for Indiana on
Q: My 12 year old no longer wants his father to have parenting time, does he have any options?

My son hates being forced to go to his father's house. They fight often, and due to different parenting styles they are VERY strict. They ration his food and wont give him his medication while he is there. He has a sorted legal history and has even had supervised visitations at one time with my... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 17, 2019

Based on the information provided in your question and your current situation your son does not have the option to choose until he is 18. There is a statute that allows for his input with the court at 14, the courts look for what is in the best interest of the child.

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