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Indiana Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Legal Malpractice for Indiana on
Q: Why does the chronological case summary say that a notice of discovery was filed by me when I haven't done ANYTHING?

My husband filed a petition for dissolution of marriage behind my back on 10/23/2020 and it looks like his lawyer submitted a bunch of stuff to the court. I haven't talked to anyone, hired a lawyer, or talked to his lawyer AT ALL. It shows that a notice of discovery with the "filed... Read more »

Troy Tyson
Troy Tyson answered on Dec 2, 2020

It may have been an error by the clerk. You can try to contact the court to have them correct the CCS entry.

Also yes, effective service is required on you in order for the divorce to proceed.

Hope that helps.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Can a divorce decree be altered years later when still dealing with minor children?
Troy Tyson
Troy Tyson answered on Nov 23, 2020

Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Juvenile Law for Indiana on
Q: What laws are broken in the theft of a communication device creating a safety risk?

I live in Indiana, the device was taken from a minor and is used to ensure safety by making sure she can remain in contact with a parent when playing with a group of friends a short distance from home at a playground, about half a block away from home. A teenager has been taking it from her to... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Nov 19, 2020

Have you called the police about this?

1 Answer | Asked in Civil Rights, Social Security and Family Law for Indiana on
Q: If i where to get married, and then in the future need to go on disability (due to health) would i be able to get ssdi

My partner may also have to get on it but we want to get married. Neither of us are currently on it . We live in Indiana but may move to Michigan or Wisconsin

Susan Michele Schaefer
Susan Michele Schaefer answered on Nov 15, 2020

Marriage does not affect SSDI. To be able to get SSDI, you would have to have worked long enough and recently enough to be fully insured. In most cases, you must have earned at least 20 credits during the last 10 years. You earn work credits and become insured for Social Security retirement, SSDI... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: I live in Hamilton county and if I file for child support does that include custody or is that another filing

I have been with the father of my children for 11 years, not married and we purchased a house 3 years ago with both of our names on it. He move out 2 mths ago and wants to take me to court for joint custody which I am assuming so he doesn't have to pay me child support. If I file for support,... Read more »

Troy Tyson
Troy Tyson answered on Nov 13, 2020

Most likely you would file for both custody and support, and the court would treat them as one. His chances of getting joint custody really depend on the specifics of your case. I would encourage you to speak directly with a family law attorney for a more detailed assessment.

I hope that helps.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Having a court order, who can put a child in school?

My boyfriend and his ex have a court order in place giving him joint legal custody and gives her full physical, within the order, he can use his parenting time by picking up the child Wednesday night and bringing her back Friday night. He got a call from the mother yesterday telling him that she... Read more »

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If the parties share legal custody, then that means that both parents are entitled to participate in making decisions on things like schooling. She is required to speak to him first on those issues and allow him input, and she cannot make those decisions unilaterally.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: How does make up time work in Indiana?

If the custodial parent accepts extra curricular activities for the child like birthday parties etc can the non custodial parent ask for those hours lost in make up time?

Troy Tyson
Troy Tyson answered on Nov 13, 2020

If one parent has lost hours they were entitled to, most courts are very flexible in allowing the parent to make up those hours when they can. This is something you should try to work out with the other party rather than taking it to court. If you are talking about one instance of make-up time that... Read more »

1 Answer | Asked in Employment Law, Family Law and Child Custody for Indiana on
Q: My ex works second shift and as a result I exercise extended parenting time when he works. He now wants to make these ho

and he is asking to make up the hours he is missing as a result of his working. Can he do this?

Troy Tyson
Troy Tyson answered on Nov 3, 2020

Your question is broken up so it is not exactly clear what you are asking. However, if the two of you are exercising a different parenting time schedule than what was initially ordered, then you may want to consider requesting a modification from the court, to make the change official.

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can my ex-wife keep me from seeing my kids all because she's upset with me and what can I do about it?

We have joint custody but she's the primary

Troy Tyson
Troy Tyson answered on Oct 29, 2020

She cannot see you from seeing your children if there is a court order that gives you the right to see them. If she is withholding them for an unjustified reason, you may want to consider taking her to court for contempt. You should speak with a family law attorney to get more information on your... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: I have a ten year old daughter and have custody. My ex just started a second shift job and as a result is not getting

His mid week visit. He wants to take it on my weekends. Doesn't first right of refusal apply? I keep getting hassled about it and am at the end of my rope. He was working first shift and got moved to second shift. He also does not keep a job longer than six months. I really need help. Thank you

Troy Tyson
Troy Tyson answered on Oct 29, 2020

He cannot force you to give up your weekends just because he started a new shift. The better way to handle this would be for him (or you) to request a modification of the custody order from the court, or for the two of you to simply work out an agreement to modify it on your own and then file that... Read more »

1 Answer | Asked in Family Law and Child Support for Indiana on
Q: Father was ordered to pay child support in 2016 and has never paid anything. Why isn’t the state keeping track of this?
Troy Tyson
Troy Tyson answered on Oct 29, 2020

They may be. If there was a court order in place, and child support was properly set up, then the state should be keeping track. However, you may need to contact them or initiate a court filing in order to hold the father responsible.

1 Answer | Asked in Family Law for Indiana on
Q: Is there a way to stop my sons fathers girlfriend from "third party interference"?

I am having some third party interference issues from my sons fathers girlfriend. We have joint legal custody, but cannot co parent well and I believe its because of her interference. She includes herself in things that should be me included in, as the mother. Recently I went to my sons fathers... Read more »

Troy Tyson
Troy Tyson answered on Oct 29, 2020

The girlfriend is not to be participating in this way, since you and the father have legal custody of your son. However, you may need to take it the matter to court to have that firmly established.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Patents (Intellectual Property) for Indiana on
Q: I’m a 19 year old female an my boyfriend is 16 an we are pregnant can We get in trouble?Would we have to deal with dcs
Andrew L. Bennett
Andrew L. Bennett answered on Oct 12, 2020

You are both of legal age, there are no issues unless he was 15 when you got pregnant.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: If a woman who has 50/50 custody gets put in jail, are her rights taken away

She will be in jail for about 2 and a half years, and has split custody with the child's father. Father will be caring for the child full time while mother is in jail, wondering what happens after she gets out of jail/what her rights will be during the whole process

Troy Tyson
Troy Tyson answered on Sep 28, 2020

Not automatically. Either the father will need to file for a modification of custody, or DCS could intervene.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: What rights does my child’s father have that will hinder/prevent my move to another state?

I wish to relocate back to my home state. The father and I are not in agreement about co-parenting nor does he support it. He has a stretch of absences in her life that confuses me as to why he is so resistant. The child does not know him and cries upon his presence. Any relationship established... Read more »

Troy Tyson
Troy Tyson answered on Sep 1, 2020

You will need to file a "notice of relocation" with the court. The father can object to the relocation and request a hearing. If that happens, the court will hold a hearing and make a determination based on what is in the best interests of your child. The court may consider a variety of... Read more »

1 Answer | Asked in Family Law and Wrongful Death for Indiana on
Q: I have a Pending guardianship and my guardian has sold my estate and my personal belongings . Would this be conversion?

She has placed me in a Nursing Home and I have no say in anything. She does not respect my rights, she just treats me as if I don't exist! Her attorney appointed an attorney ad-lit-um for me who I have not heard from for over a year!

Charles Candiano
Charles Candiano answered on Aug 2, 2020

Conversion is just a fancy word for steal. If you suspect that your guardian-ad-litem has stolen your property, simply request an accounting. The guardian's failure to account for ANY part of your property would constitute a breach of his/her fiduciary duty to you and subject the guardian to... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Indiana on
Q: My daughter, who has liver failure, has been staying with me for 1 1/2 mo. Now, her boyfriend is coming to stay.

He just got out of jail, and I don't know him from Adam. If things go terribly wrong and they get out of hand, how do I protect myself from them doing whatever they want here? My daughter stayed with me years ago and was physically abusive. When I went to throw her out- she told the cops she... Read more »

Troy Tyson
Troy Tyson answered on Jul 24, 2020

You may consider a protective order against the parties you are concerned about.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Indiana on
Q: Petition to establish custody and parenting time as to minor child born out of wedlock

Father of minor child has filed with the court a petition to establish custody and parenting time as to minor child born out of wedlock. DNA has been confirmed that he is not the biological father. Minor child is 19 months old. Petitioner has established paternity, minor childs biological father... Read more »

Troy Tyson
Troy Tyson answered on Jul 14, 2020

It is not clear from your information what question you are asking. Once a petition has been filed, the court will hold a hearing to make determinations on paternity, custody, and support. You will have a right to appear and present evidence and testimony regarding the issues that you discussed.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Indiana on
Q: My friends boyfriend just got picked up for misconduct with a minor will he still be able to be around his own children?

They have a one year old and are currently expecting another child. What happens if she doesn't leave him?

Troy Tyson
Troy Tyson answered on Jul 13, 2020

Matters like this are largely left to the discretion of the judge, and are based on the somewhat ambiguous standard of the "best interests of the child." Because of the potential complexity, it would be highly advisable to sit down with an experienced family law attorney, and discuss the... Read more »

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.

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