My friend lived in Indiana. She got married and had a baby with her husband. He didn't want to sign the birth certificate. They are now separated and they have not established paternity (but he is in fact the biological father). Does he have any rights to the baby even though they are married?
If a child is born during a marriage, the husband is presumed to be the father, although that can be rebutted. If the husband and your friend are still married, he does have custody/parenting time right, although exactly what they are would need to be decided by a court.
A letter from an attorney is not an order or a summons, and therefore does not compel you to go to court. However, if you did receive a letter, that is likely a sign that an action is pending, so you should be on the lookout for other papers from the court that WILL order you to appear.
Yes, the judge does have discretion to determine the best custody and parenting time arrangements for parents. In coming to their decision, the judge will look to what is in the best interests of the child.
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.
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.
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
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 »
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.
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...Read more »
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 »
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 »
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.
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 »
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...Read more »
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... Read more »
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 »
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.
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...Read more »
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 »
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 »
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...Read more »
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