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 »
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 »
I currently live in Texas. I found out my husband never divorced his first wife. We've been together almost 10 years, married 6 years. I am having our marriage voided and I'm moving to Indiana near Hartsville, with the kids. I will not have a job right away, I will make maybe 20% the amount of... Read more »
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
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....Read more »
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...Read more »
My grandparents are in PA and that is where they got guardianship. My mom and I are in two different states. My mom never signed over custody when my grandparents got guardianship. I was wondering if my mom could sign my sister over to me so I do not have to take my grandparents to court?
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.
My current decree doesn’t have a visitation schedule, we are to work it out due to his work schedule. He works swing shifts and his schedule is never the same. I want to have set times due to his lack of communication and commitment to his time with her. I often get last-minute cancellations,... Read more »
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...Read more »
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 bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it
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...Read more »
Fathers son wants sole physical custody of our son after recent break up, but he lives at home with his parents so he’s not fully taking care of his self, however I have been the primary caretaker to our son as well as my other child. Will the courts allow him sole physical custody just because... Read more »
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...Read more »
i represented myself pro se , and while i was told this would be a "day-long" hearing, the Judge rushed my questions to opposing party, stating that there were only 90 min total. i didn't ask all the questions i had for fear that i was running out of time. Now i am appealing, and wondering if there... Read more »
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...Read more »
If I have on the document he is no longer responsible for any past financial responsibilities and future responsibilities and that he is signing his rights away for my daughter and have it notarized with both myself and the father of my daughter present will that be enough or is there something... Read more »
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.
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...Read more »
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...Read more »
Property deed is still in both of our names. He recently wanted me to sign a contract for people to buy it on contract however the mortgage company said that was a breach of our loan so I declined to sign contract for sale. I have since learned he had his lawyer draw up new contract for sale and... Read more »
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.
I make a stabile income. I am online homeschooled, and do keep descent grades. I have a stable housing offer. I am fairly responsible (I'm not perfect) But I feel I could do decently on my own. So again, my question is can I move out, with taking legal action, without consent, and without being... Read more »
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