Indiana Family Law Questions & Answers

Q: Can I get child support in Indiana if I don't have a job?

1 Answer | Asked in Child Support and Family Law for Indiana on
Answered on Jan 10, 2019
Alexander Florian Steciuch's answer
You can get child support established even if you do not have a job. Each county in Indiana has free legal services available to parents looking to establish child support obligations. This website can help you. https://www.in.gov/dcs/2483.htm

Q: Do I have to probate a will that contains only personal items, such as clothing, furniture, dishes ect. Value 500.

1 Answer | Asked in Probate and Family Law for Indiana on
Answered on Jan 8, 2019
Alexander Florian Steciuch's answer
As a matter of law you have a duty to 'spread the will of record' or 'file the will without administration.' What this means is that you go to the court and file the will with the court but do NOT probate the will. No administration is put in place, no executor is appointed, no estate is opened.

If the value of the estate is under $50,000.00 (I believe it was increased this year), you do not have to open an estate. You can transfer the property through a Small Estate Affidavit. Contact...

Q: Is it legal in the state of Indiana to be medical POA, financial POA, beneficiary in a will, and later executor of will?

1 Answer | Asked in Family Law and Estate Planning for Indiana on
Answered on Dec 4, 2018
Alexander Florian Steciuch's answer
Yes. There is nothing that prevents a single individual to act in all of these different capacities at once.

Q: I wish to contest the chosen executor of my mother's will.Or possibly to contest the will itself. How should I proceed?

1 Answer | Asked in Family Law and Elder Law for Indiana on
Answered on Nov 29, 2018
Alexander Florian Steciuch's answer
You cannot contest a will before the person has passed. Your mother could voluntarily change the appointment of the executor at any time and make the point moot. You also need to have standing to challenge the nominated executor, as well as having an actual legal issue to challenge the nominated executor, which usually requires wrongdoing on the executor's part.

Q: Can my mom give me custody of my sister if my grandparents have guardianship?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Nov 28, 2018
Alexander Florian Steciuch's answer
Your mother does not have custody of your sister. Your grandparents do. Your mother cannot sign anything over. If your grandparents are the legal guardians of your sister, this means there was a court determination that your mother should not have custody and your grandparents should.

Q: Can I change my visitation schedule?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Nov 27, 2018
Clarissa Finnell's answer
Child related provisions are always modifiable. In order to modify the existing order, you would have the burden of proving there has been a substantial change in circumstances since the last order of the court warranting change you are requesting. I recommend that you have a family law attorney review your Decree and facts of your case to assist you in determining possible outcomes of a modification.

Q: What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the

1 Answer | Asked in Family Law, Real Estate Law, Intellectual Property and Probate for Indiana on
Answered on Nov 10, 2018
William J Webster's answer
In regards to the bank account, if your brother was on the account as a joint account holder, then the monies in the account will become his sole property.

In regards to the house, it depends how ownership of the house was titled. If your mother owned the property as tenants in common w/ your brother, then 50% of the house will become part of the your mother's estate. If title was held as joint tenants with rights of survivorship, then the house will also become the sole property of...

Q: So my wifes mother passed. They haven't been on speaking terms for the last 3 years. Her friend says that she has

1 Answer | Asked in Family Law for Indiana on
Answered on Nov 7, 2018
Alexander Florian Steciuch's answer
Indiana law dictates the order of who is allowed to make plans for handling the remains of a deceased individual. Under Indiana law, that order is:

1. Individual named in a funeral declaration

2. The appointed healthcare power of attorney

3. Surviving spouse

4. Adult child

5. Next of kin

....so on and so forth. Executor of the estate is actually listed last as the individual with the authority to decide on the disposition of the remains....

Q: How much rights do I have as a parent to deny a grandparent visitation?

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Oct 26, 2018
Alexander Florian Steciuch's answer
If there is no court order otherwise or shared custody agreement or anything else that would give the grandparents a legal right to visit or have custody of the grandchildren, you have the right to keep the children from the grandparents. The grandparents in turn have the right to petition the appropriate court to establish visitation rights. Until that time that an order is put into place that says otherwise, you can keep the children from the grandparents.

Q: Will the courts grant sole physical custody of a child to a parent that still lives at home with their parents?

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Answered on Oct 8, 2018
Alexander Florian Steciuch's answer
Living at home with your parents is not disqualifying for granting sole physical custody. That said, the determination of physical and legal custody are all done based on the best interests of the child. If the judge determines that sole physical custody awarded to the father is in the best interests of the child, that's will be his or her decision.

Q: is there a law that relates to pro se litigants being rushed in the court room?

1 Answer | Asked in Family Law for Indiana on
Answered on Aug 8, 2018
Alexander Florian Steciuch's answer
As far as I am aware of there is no law about rushing a pro se litigant through a bench trial. That said, courts are run on a schedule. Generally if a trial is not completed in the allotted time, another date and time is scheduled for an additional hearing. You may have been confused on 90 minutes total versus 90 minutes for that day.

Q: Do I have to hire a lawyer to modify custody arrangements?

2 Answers | Asked in Child Custody and Family Law for Indiana on
Answered on Jul 10, 2018
Ronald J. Eisenberg's answer
Check with an Indiana lawyer, but most states allow a party to file such a motion pro se. That being said, you'd be well advised to hire a lawyer for this important matter.

Q: Non-custodial parent pays child support thru garnishment. It always comes on Wed or Thurs diligently. Why not this week?

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on Jul 3, 2018
Alexander Florian Steciuch's answer
The best way to find out is to contact whomever is handling child support cases locally, or, if they do not have the answer, contact whomever is handling the payments.

Q: If I have a signed letter stating the farther of my daughter signs his rights away and it’s notarized is that enough

1 Answer | Asked in Family Law and Child Custody for Indiana on
Answered on Jun 14, 2018
Alexander Florian Steciuch's answer
No, this is not enough. A father cannot terminate his obligations to his children by signing a piece of paper and having it notarized. A court order is required to terminate parental rights. A person cannot unilaterally without court involvement terminate parental rights.

Q: I currently live in Indiana and I’m wanting to move to Kentucky with my kids, I have full custody, can I move?

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Answered on May 14, 2018
Timothy Denison's answer
If your divorce agreement or decree does not state otherwise or require you to seek approval of the court before moving , and you have sole custody of the children, you should be able to move without incident. You will likely have to either agree or go back to court to revise thrvisitation schedule with your former spouse.

Q: In the state of Indiana can a mother ask the courts for the father tono longer provide child support?

1 Answer | Asked in Family Law and Child Support for Indiana on
Answered on May 10, 2018
Alexander Florian Steciuch's answer
You could ask but you would be denied. Child support is not for the parent, it is for the child. The courts will never agree to terminate child support to a child. That is not in the best interests of the child. The only time child support will terminate is when the child is emancipated or the child is adopted.

Q: Divorced 5 years ago. Husband awarded house in decree with no time limit to refinance. Still in both our names.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Small Claims for Indiana on
Answered on Apr 29, 2018
Betsy Walits' answer
You would file contempt charges against him if your order states he needs to take the house out of your name. Sounds like he has bad credit now so you’d have to ask the Judge to order the sale of the house.

Q: I'm 16 years old living in Elkhart Indiana. Can I move out of my parents house without their consent.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Indiana on
Answered on Apr 23, 2018
Kevin E. Flynn's answer
This is not a patent question. Justia needs to revise their topics to make it Patent/inventions as Patents looks a lot like Parents. You may want to drop the patent topic from this question

Good luck.

Kevin E Flynn

Q: Is there a permenant child support law for adult children in Indiana?

1 Answer | Asked in Family Law for Indiana on
Answered on Apr 20, 2018
Alexander Florian Steciuch's answer
No. Child support terminates at emancipation or the age of 19. Adult children have the right to sue for back child support for a period of time after the child support obligation period terminates though.

Q: is the parent required to have the children on their wedding,knowing it’s not their weekend

1 Answer | Asked in Family Law for Indiana on
Answered on Apr 20, 2018
Alexander Florian Steciuch's answer
Unless your child custody agreement states otherwise, parents aren't required to have the children on the day of their wedding.

That said, if it is your weekend and the mother is not giving you the children then, you need to address this with her first and then go to the courts if she continues to refuse.

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