Lawyers, Answer Questions  & Get Points Log In
Indiana Family Law Questions & Answers
1 Answer | Asked in Family Law for Indiana on
Q: our baby was taken by cps. even tho i had family come get baby out of the hotel when arguments with her mom and i.this

was early morning hours. mom went out to her car. me and baby left hotel. check out time came and moms 13 yr old daughter was still there bc mom never came back for her. so staff called police and cps. they find some hyperdermic needles in a trash can and ib profin 600mg, not even a control... Read more »

Troy Tyson
Troy Tyson answered on Jul 9, 2020

There are a ton of variables that come into play in a situation like this. You really need to sit down with a lawyer and discuss your case in more detail.

1 Answer | Asked in Divorce and Family Law for Indiana on
Q: My ex-husband has been ordered to pay me $500/month but he hasn't paid at all. Can I seek an order of garnishment?

He doesn't show up for court so I don't know if he even knows that he's been ordered to pay me. I am trying to do this without a lawyer since it is so expensive and the money actually is owed to my daughter (for reimbursing tuition) and the legal fees would almost be as much as he... Read more »

Troy Tyson
Troy Tyson answered on Jul 8, 2020

You may be able to obtain this type of order from the court, but as you were advised by the judge, you'll need to do it properly, and you will need to be able to prove that your ex-husband was served. If your ex-husband has failed to comply with the provisions of prior orders, he could be held... Read more »

1 Answer | Asked in Contracts, Family Law, Child Custody and Civil Litigation for Indiana on
Q: How do I obtain previously recorded phone calls of myself when I was incarcerated in order to use them in court?

I'm trying to obtain a transcript or audio of these calls and have been informed Indiana law allows me to as they are public record.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

In Florida all you have to do is ask in writing.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: How do you present text message evidence so it's admissible in court?

Myex filed a protection order as part of divorce dissolution. 14 pictures of sunburn entered as evidence. Have the texts stating I put sunscreen on the kids several times. Just want to show that to the judge. Also is sunburn really enough to keep an active father from his children for almost a... Read more »

Troy Tyson
Troy Tyson answered on Jun 29, 2020

If the text messages are communications between the parties to the case, you should be able to admit them with little trouble.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: What can I do when the other parent is breaking our custody court ordered parenting agreement?

I have joint custody and am the noncustodial parent. Child support is all current no problems but the mother of my son is changing on her own the court ordered visitation time. She has withheld my son once now and will again. How do I get someone to enforce the court order we have so I get my... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 23, 2020

Based on the information provided in your question you can file contempt on her via the courts.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My (current) husband and I are in the process of building a house, the mortgage loan is in his name...

However, the property is in both of our names. Infidelity on his part has caused me to research my potential options going forward and I would like to discuss my legal options. We have two innocent children involved in this mess as well. We live with his parents in one county (the same one we were... Read more »

Troy Tyson
Troy Tyson answered on Jun 19, 2020

The issues you raise are complex ones, and detailed answers would require a more in-depth review of your situation. It is possible, once a divorce is filed, to get through the process amicably and with little effect on the children. However, that largely depends on the respective postures of you... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Indiana on
Q: What is it called when a parent lies to the other parent about the child being in an emergency room? And what can i do ?
Troy Tyson
Troy Tyson answered on Jun 18, 2020

Assuming you share custody with the other parent, you have a right to know about medical emergencies pertaining to your child. If the party is regularly withholding information from you, you can consider filing an action for contempt against them.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Can a non-custodial parent keep/refuse to give child back to custodial parent?
Troy Tyson
Troy Tyson answered on Jun 10, 2020

Generally, the answer is no. The exception would be where the is a TRUE emergency or the child's health or safety is at immediate risk. However, courts set the bar high on this and will generally look with skepticism at any party's attempts to withhold a child, so the situation needs to... Read more »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Indiana on
Q: Can a non-custodial parent keep/refuse to give child back to custodial parent?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 9, 2020

Based on the information provided in your question you can but you face contempt or interference with custody charges.

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: I live in Florida and my ex-wife lives in Indiana . She has had custody of my son and I have been paying child support.

My son is 18 and my Florida ordered support has stopped. My ex-wife has filed for Adult Gardianship of my son. If I don’t contest this, how does it effect me?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 5, 2020

Based on the information provided in your question he is an adult and you can not consent and object to it happening but it is a matter for the court to decide.

1 Answer | Asked in Family Law for Indiana on
Q: If I lost my job due to covid can I get an order to pause college tuition order?

Order to pay tuition for 19 year old daughter but laid off due to Covid. Can I ask the court to pause?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 5, 2020

Based on the information provided in your question you can file a motion with the court to request it and it will be up to the court to grant it or not.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If my sons father is called into work a shift that takes up the whole parenting time. Can I request our son comes home?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jun 1, 2020

Based on the information you provided in your question you can ask but it is his parenting time, unless you have a right of first refusal in your agreement.

1 Answer | Asked in Family Law for Indiana on
Q: When I turn the contempt papers into the clerk to file, do I have to send a copy to my ex wife’s attorney or do they?

I can’t afford an attorney, so I print off and file the contempt papers and fill them out myself. She has not been letting me have them on my court ordered parenting time and has been warned by the judge last time we were in court about it. I’ve tried to file twice and it hasn’t gone through... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 28, 2020

Based on the information provided in your question you should request the clerk to do it and then drop a copy of it in the mail to her attorney

1 Answer | Asked in Family Law for Indiana on
Q: Hi i pay child support it is up to date and i can see my children

What is my next step because i only get to see my kid on birthdays and when she allows me to come

Troy Tyson
Troy Tyson answered on May 27, 2020

If you have an order for custody, then you are entitled to see your children when it says you can. If you do NOT have an order for custody, you should request one from the court immediately.

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... Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: My ex quit his job after he had an income withholding order. Do the courts keep track of how far behind he is?

He was current until the end of December, then he changed jobs. He completely stopped paying and has only had one visitation since Thanksgiving. He’s over $3,300 behind.

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

Based on the information provided in your question, yes the State of Indiana does track and calculate the amount a non-custodial parent pays or does not pay in support.

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: My child support was stoped cuz im disabled my kids are 18and21 and I have been on ssi. For 3years now I live in Indiana

Will they be taken my stimulus check

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 8, 2020

Based on the information provided in your question if you owe back support your stimulus check can be taken for that reason by the state.

1 Answer | Asked in Family Law for Indiana on
Q: How long is the process to terminate a guardianship

Guardianship was established without (me the mother) or his father knowing and we gave no consent whatsoever.

Troy Tyson
Troy Tyson answered on May 7, 2020

It really depends on several factors, but generally, if the guardian contests the termination, you're probably looking at 3-6 months.

1 Answer | Asked in Family Law for Indiana on
Q: If me and my son mother don't live together and she gets him taking by the state would I have the right to get him

The courts noted that I was not the reason he was taking from his mother instead of placing him in my care they placed him with her mother and step father.

Troy Tyson
Troy Tyson answered on May 6, 2020

It would depend on whether the court ordered you to have regular visitations with the child.

1 Answer | Asked in Family Law for Indiana on
Q: How can I, in fl, get guardianship of my 18yo nephew who's in Idoc and can leave, When my sister who has won't take him

My nephew has been able to get out of IDOC

Several times in the last 4 and A 1/2 years, however my sister who has guardianship, Won't take him but has refused to give him to me. I live in Florida and she lives in Indiana. He has decided to go into the military and has to be out for... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 3, 2020

I believe you asked about this here a few days ago and tried to give you an answer. You really need to ask your question in the Indiana forum (Justia > Ask a Lawyer > Indiana); it has nothing to do with Florida Law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.