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Indiana Family Law Questions & Answers

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. 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. 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. 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. 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. 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. 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. 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. 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.

1 Answer | Asked in Family Law for Indiana on

Q: How do I find out what attorney took over our previous attorneys cases?

John Mario Acosta Jr. answered on Jul 17, 2019

Based on your question and your situation you should have been contacted by the new attorney by phone, email or letter. Additionally, there is a website in Indiana that is called MyCase which a public access portal you can view your case and the status the filings, etc.

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

Q: When a custody order is in place between the parents does that include the parents families as well?

My ex states that his parents have just as much legal right to visitation with our children as he does and he states that I have to follow the visitation order that is between him and I with them as well. The custody order has me down as the person with sole physical custody, he and I share legal... Read more »

John Mario Acosta Jr. answered on Jul 8, 2019

Based on the information you provided and the situation, the Father of your children has parenting time not grandparents, if he wants to allow visitation during his time he can, but you do not have to make accommodations just for them to visit with children unless specifically outlined in the... Read more »

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

Q: My wife recently left when i was at work and took our 1 year old son. She wont let me see him at all. What can i do?

Nothing has been filed with the courts. No divorce paperwork has been filed. We weren't talking about getting a divorce before this. As of right now neither one of us have custody over my son as i understand it, since we were married when my son was born. Is there anything i can file to gain... Read more »

John Mario Acosta Jr. answered on Jul 8, 2019

Based on your question I would need more information to give you the proper legal advise. Was this as a result of a paternity action or a divorce? What type of custody do you have of the child?

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 »

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