Lawyers, Answer Questions  & Get Points Log In
Indiana Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: I live in Indiana, under a stay home ban. Have 5050 custody of my son. Am I allowed to keep him with me till the ban is

5050 custody, and I'm In Charge of medical.

Troy Tyson
Troy Tyson answered on Mar 26, 2020

Right now the governor has issued a Stay-Home Order, but that order carves out an exception for parenting time exchanges. It appears that parenting time should go forward for most cases as-is, unless there is an immediate/emergency safety issue for the child.

1 Answer | Asked in Family Law for Indiana on
Q: During a pandemic does the child have to leave their house to stay with mom custodial parent

Should have been with non custodial parent

Troy Tyson
Troy Tyson answered on Mar 26, 2020

While you should take all precautions to protect your child and ensure their safety, courts will look to whether a parent's actions were reasonable in doing so. Please note that the recent Stay-Home Order issued by the Governor makes an exception for travel for the purposes of parenting time.

1 Answer | Asked in Family Law and Health Care Law for Indiana on
Q: Can doctors prevent a married, father from being present at the hospital for his baby’s delivery?

Mother wants to father there but doctors are saying it may not be possible due to the coronavirus outbreak. Mother and father are not known to have come into contact with a virus and are not showing any symptoms or signs of having the virus

Troy Tyson
Troy Tyson answered on Mar 24, 2020

It is unclear how the law will apply to many of the unique situations arising from the COVID-19 outbreak, so at this point any opinion would largely be based on speculation. However, I think it is likely that courts would side with doctors/medical professionals who are taking all reasonable,... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: My son's mother says I can't pick my son up during this virus outbreak. No one is infected. Can I legally pick him up.

No one has the virus and I live alone. We have 50/50 custody and I am currently taking her to court and she is holding it against me. Would she be able to stope from picking him up at our designated time.

Troy Tyson
Troy Tyson answered on Mar 23, 2020

A lot of this is up in the air due to the COVID-19 issues, and it's not entirely clear how judges will rule on many of these cases. However, based on what you've stated, there seems to be no reason why you would not be able to pick up your child from the mother. If she continues to withhold you can... Read more »

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My daughters dad hasnt seen her in 3 months. Hes asking to see her for a few hours this weekend.

Is he legally aloud to keep her and not give her back since nothing is settled in court?

Troy Tyson
Troy Tyson answered on Mar 17, 2020

Under Indiana law, if a child was born out-of-wedlock and there is no court order governing custody, then you as the mother would have sole legal custody. This means that decisions regarding where your daughter stays would be up to you. So the father would be required to return her to you.... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: Non relative. What rights do I have?

Had child 2 years out of 3 years. Financial responsibility by me. Have insurance on her. No help financially.

Troy Tyson
Troy Tyson answered on Mar 16, 2020

You may want to consider establishing a guardianship over the child. You should speak with an experienced attorney to assist you with this process.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: How can I modify child support since my income has decreased?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 27, 2020

Based on your question you file a motion with the court.

1 Answer | Asked in Bankruptcy and Family Law for Indiana on
Q: Can I sue my ex-husband for a joint debt he was supposed to be responsible for if he files for Chapter 11 bankruptcy?

I just found out my ex-husband is filing Chapter 11 bankruptcy. A credit card that he agreed to pay at the time of our divorce (6 years ago) is included in his filing. I understand the creditor has the right to collect the debt from me, despite the divorce decree. Can I pay the debt and sue him for... Read more »

Timothy Denison
Timothy Denison answered on Feb 27, 2020

You simply need to file a motion in the divorce to hold him in contempt for non-payment.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can a paternal grandmother be ordered custody at hearing when not a party to the case and mother was in hospital?

I notified the court and father morning of clerk told me they hadn't been up in front of Judge and what documents to bring in.

Troy Tyson
Troy Tyson answered on Feb 26, 2020

Your question leaves out a lot of important information so I cannot give a definitive answer to this. However, in general, yes a third party can be granted guardianship or custody in some circumstances.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Indiana on
Q: I need advice getting out of my grandmas house she’s mentally abusive towards me n I’m at my breaking point

I can’t go back to my moms yet untill an old step parent of mine is gone my boufriend has offered to talk to his mom and let me stay there but I don’t think I can leave with out her calling the cops after a while sayin I’ve run way and I do t wanna be charged for runaway when I wanted to get... Read more »

Kurt Schnepper
Kurt Schnepper answered on Feb 25, 2020

It sounds like DCS is involved with your family, or was involved anyway. If my assumption is correct, I'd suggest you reach out to your caseworker and talk to them about your situation. But if you feel you are truly being abused then you should call 911, or contact any attorney who would make the... Read more »

1 Answer | Asked in Family Law for Indiana on
Q: My 17yr old was visiting his mother, we have 50/50 with me having custodial custody. Her house was raided and she was

Arrested for drugs. My son was at a friends house when this happened. CPS has taken my child, put in foster care pending investigation. This was done without my knowledge, consent, etc. In the report they filed with the court doesnt even mention that I'm in my child's life much less that I have... Read more »

Troy Tyson
Troy Tyson answered on Feb 24, 2020

I am sorry for your situation. This sounds like a complex matter and there are too many details missing in your question to be able to give you definitive answers. I would strongly urge you to sit down with an experienced family law attorney as soon as possible to discuss your case, and possible... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Is indiana a mothers state ?

I also need to know about if their breast fed when will fathers get child ?

Troy Tyson
Troy Tyson answered on Feb 24, 2020

In Indiana both parents are to have equal standing before a court when it is making determinations on child custody. The primary determining factor for custody decisions is what is in the best interests of the child.

1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for Indiana on
Q: Can a respondent request a hearing outside of 30 days of a protective order if they have experienced burden as a result

State of Indiana

To determine if a civil protective order is still needed?

For example loss of employment, negative impact on health. do not reside in same state as petitioner (in excess of 700 miles away)

Kurt Schnepper
Kurt Schnepper answered on Feb 24, 2020

There are many different legal avenues to get the Court to reconsider the petition and subsequent Order, which depend on the timing and circumstance among other things. It's a situation you likely wont be successful handling on your own, ask around for a referral or contact any attorney if you have... Read more »

1 Answer | Asked in Family Law, Child Custody and Education Law for Indiana on
Q: Get dcs out of our life bc 5yr old missed to much school bc sick, in Indiana not mandatory for kids under 7 to attend

My 5 year old is enrolled in kindergarten and missed 14 days over the course of 3 months of school due to being sick but wasnt sick enough that it required me to take him to the doctors so I didnt get doctor notes for those days. The school has to report to dcs if a child misses more than 10... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 21, 2020

Based on your question you can't drop the case and request DCS leave you alone. Once a report is made they investigate and go from there.

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Domestic Violence for Indiana on
Q: What is it considered when someone tries to kiss or touch my baby without my consent because they adore babies?

People try to kiss and handle my daughter all the time in public because they love babies and think she’s adorable I ask them to back away and they get really mad with me. If they try to come back anyways I sometimes have to shove them away. What’s the legal standing on people attempting to... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 18, 2020

You'd have to check with an Indiana attorney on this, as to how the kiss or touch could be defined under state penal codes or civil laws. But your post remains open for four weeks. By textbook definition, one could argue that the conduct amounts to battery, but in terms of viability, it doesn't... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Indiana on
Q: I have been separated from my husband for 4 years. Can I file for child support even though I'm still married to him?

I had a lawyer pro bono & we couldnt find my husband.

I found out that I had to pay 280 for an ad in the paper where we last knew he resided but I couldnt afford the fee.

I was told I couldnt file for child support until the divorce paperwork was in place.

Is this true?... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 12, 2020

Based on your question you can go to your local IV-D Prosecutor's Office and see if they will allow you to.

1 Answer | Asked in Family Law for Indiana on
Q: is it legal for a step parent to take my sons belonging for the simple fact that I bought it for him and no other reason

Every time I buy my son something and he takes it home his step father takes it from him and tells him he doesn't need that. he hasnt got into trouble he is only taking it because I bought it and he knowing it hurts my sons feeling and he does it to make me mad. is this legal and is there any kind... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 11, 2020

Based on your question if the other parent allows this to happen then he can. If you can't agree with the other parent on this topic then you can try and resolve it via the courts.

2 Answers | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Chances of 50/50 custody?

I want 50/50 legal and physical custody of my 13 month old daughter. My only child. Her mom has 3 subsequent children all by different men that dont pay support. Ive been in my daughters life since she was born despite her moms efforts to keep me out of her life. I hired a lawyer and took her to... Read more »

Troy Tyson
Troy Tyson answered on Feb 11, 2020

This is something you should definitely be discussing with your attorney, that's what you are paying them for. In general true 50/50 physical custody is fairly tough to get, particularly if the other party objects and considering the age of the child. There is nothing wrong with you trying, as long... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can I file for divorce and sole custody of my child while my spouse is in a psychiatric hospital?

She was initially self admitted, however is being transferred from a stress center to "another facility" that the staff will not disclose to any one. The will not even confirm that she is at the stress center at this time, although her mother confirms that she is there.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 10, 2020

Based on your question you can file for divorce at anytime for any reason in the State of Indiana.

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.