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Indiana Family Law Questions & Answers
1 Answer | Asked in Child Support, Family Law, Constitutional Law and Federal Crimes for Indiana on
Q: What can I do about another state charging me child support when Ive been paying child support for 13 years in another?

I filed for divorce and was granted it about 13 years ago, but was ordered to pay child support and was retroactively ordered to pay back-support all the way back to when my son was born, and along with other stipulations. My ex wife moved had moved back home with her family and had taken the kids... View More

James L. Arrasmith
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answered on Dec 1, 2023

In your situation, where you're facing child support issues across state lines, it's important to understand the complexities of interstate child support laws. Each state has its own child support guidelines, but they generally follow the federal Uniform Interstate Family Support Act... View More

1 Answer | Asked in Family Law, Civil Litigation and Child Custody for Indiana on
Q: Can I petition the court if my children I was set to adopt and fostered for 8 years to be placed back in my home. I a

I am the subject of an abuse from a foster child or 22 months after I called the authorities on him and dcs also took my other children it is not criminal it’s civil

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, where you've fostered children for a significant period and are facing challenges due to allegations of abuse, it's important to understand your legal options. Yes, you can petition the court to have the children placed back in your home, but this process can be... View More

1 Answer | Asked in Civil Rights, Criminal Law and Family Law for Indiana on
Q: I put my son in jail and put a protective order against him .when the police filed the police report there where errors

How do I get this fixed.?

James L. Arrasmith
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answered on Nov 24, 2023

To address errors in a police report, you should first contact the police department that filed the report. Explain the situation and the specific inaccuracies you've identified. It's helpful to have any relevant documentation or evidence that supports your claim of errors in the report.... View More

1 Answer | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Is the citizenship process quicker for a disabled adult vs. a normal adult?

My wife has a 23 year old disabled son (cerebral palsy and has the mental capability of a 2yr old). He still lives in Colombia with his father. If I wanted to adopt him as my son, would the citizenship process be faster than it is for a normal 23 year old adult?

Monica E Rottermann
Monica E Rottermann
answered on Nov 21, 2023

In order for an adoption to be binding on immigration authorities, the adoption must occur while the child is still under the age of 16 (along with some other requirements), therefore, if her son is already 23 years old any adoption would not be recognized for immigration purposes. But if you... View More

1 Answer | Asked in Family Law for Indiana on
Q: What type of lawyer to seek for legal advice on getting custody of sister's children? They are homeless and have no job.

I am writing this on behalf of my brother, xx, and little sister,xx and myself. I live in South Carolina, but my siblings above live in the area or close to the area of your practice. Our parents live in Whitheland, Indiana (Johnson County).

A little over a week ago, our other sister's... View More

Erik Carter
Erik Carter
answered on Dec 16, 2024

Your siblings, either collectively or individually, will most likely be better served by requesting a consultation with a family law lawyer and discussing the details and specific goals to develop a strategy or strategies to help these children.

1 Answer | Asked in Family Law and Social Security for Indiana on
Q: Can a brother or sister determine how another sister leads their lif such as pay their bills?
James L. Arrasmith
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answered on Dec 11, 2024

Generally, siblings don't have the legal right to control how their brother or sister manages their life or finances unless specific legal arrangements are in place.

If you're concerned about your sibling's ability to handle their own affairs, they would need to grant...
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1 Answer | Asked in Family Law and Estate Planning for Indiana on
Q: Do I have any rights pertaining to my deceased father?

My father signed a POA before he passed leaving everything to his wife & her kids. His wife just passed away as well. I find no evidence of a will. I've contacted his lawyer to see if he had a trust but she won't respond. Do i have any rights?

Anthony M. Avery
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answered on Jun 5, 2024

POA ends at death of principal. The heirs probably own the real property, which may be the heirs of the wife. Hire an IN attorney to search the title and for assets.

1 Answer | Asked in Personal Injury, Family Law and Civil Rights for Indiana on
Q: DCS had custody of my child,was molested n then left in home almost 90 days after reported it. Do we have a lawsuit?

My daughter was 12yrs old n taken from her biological parents, us, for the first time, and placed with her oldest sister n her fiancee. When I first was told by DCS where they placed her, I immediately said no, her sister, so I thought, will abuse her cause she's always been jealous of her... View More

James L. Arrasmith
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answered on Mar 17, 2024

I strongly recommend consulting with an experienced attorney who specializes in child welfare cases and civil lawsuits against government agencies. They will be able to review the details of your case, advise you on the best course of action, and help you understand your legal rights and options.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: We have full custody of my step daughter. Bio mom lost all rights. We placed a restraining order (pending court) against

her after an incident of her showing up at our house for the second time, so she can not come onto our property. In return she filed a restraining order on bio dad who has full custody and she filed it against the daughter to try to make it where he cannot be around her legally, even though he has... View More

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on Jan 4, 2024

Hi ~ I'm a bit confused and need some answers from you so that I can properly address your concern.

What were the grounds Bio mom stated for needing a protective order? What parenting time, if any, does bio mom have? I don't understand how a protective order can be against dad...
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1 Answer | Asked in Family Law and Juvenile Law for Indiana on
Q: Two minors want to move from MS to Indiana by their selves to live. What is law in reference to minors living alone?

At the time they plan to move, one of the young ladies will be 17 and the second will be 1 month away from turning 17. They want to live by themselves with no adults. I need to know what Indiana's law is in this regard please.

Robbin Trowbridge Benko
Robbin Trowbridge Benko
answered on Dec 18, 2023

No. Even if you're a parent, if you are under 18 your parents still have the right to custody of you and the responsibility to support you, until you turn 18 or become legally emancipated.

1 Answer | Asked in Criminal Law, Child Custody and Family Law for Indiana on
Q: Is it illegal for one person to feed another person pet food without their consent?

My ex tricked me into eating dog cookies by telling me they were regular gingerbread cookies. They were shaped like any regular gingerbread man cookie you would see. It did not have any smells that seemed off and the taste was bland to me. She used our child to get me to eat it. My concern is that... View More

James L. Arrasmith
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answered on Nov 12, 2023

Yes, tricking someone into unknowingly eating pet food without their consent could potentially be illegal in Indiana. Here are some key considerations:

- It could qualify as battery - intentionally causing offensive or harmful contact without consent. Feeding someone pet food fits the...
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1 Answer | Asked in Family Law and Wrongful Death for Indiana on
Q: In a wrongfully death case do we have to include my son's daughter who he signed off of her after she was born .??

Is she still entitled to get social security ?? She has never been adopted she was raised by her mother my son's x girl friend

Charles Candiano
Charles Candiano
answered on Oct 8, 2023

If your son legally relinquished his paternal rights to the child, her rights were terminated. You are represented by Indiana counsel in your wrongful death suit concerning your son. This is a question for your attorney. Your attorney may think it best to provide the information to the Court... View More

1 Answer | Asked in Family Law for Indiana on
Q: If a Power of Attorney ever gets replaced by another one for the same applicant; is the first POA notified?

Applicant changes their mind as to whom they want as their POA.

T. Augustus Claus
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answered on Aug 15, 2023

In Indiana, if a new Power of Attorney (POA) is executed to replace a previous one for the same applicant, the new POA document itself typically does not require notification to the previous POA. However, it's a good practice to inform the previous POA of the change, especially if they were... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Indiana on
Q: I told my mother I was moving to Indiana. She said she came into some money and would purchase me a home if I picked one

Out online. On the drive from California I selected one and she put in an offer. I met her 2 hours after closing at which time she delivered me the keys and told me she was going to go home right then and do a quick claim deed. Shortly after we got into a disagreement. I have been here for almost... View More

Anthony M. Avery
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answered on Aug 2, 2023

In TN, and most all States, any promises to convey land must be in writing. Otherwise it violates the Statute of Frauds.

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for Indiana on
Q: I was attacked by my wife and called the police. They came out I didn't press charges then but I would like to now. I

I have 911 audio recording while she was hitting me in the head and officers body cam footage of marks on my neck and back

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answered on Jul 27, 2023

If you were attacked by your wife, and you now wish to pursue charges, it's essential to take action promptly. You can contact your local law enforcement agency or the prosecutor's office to file a formal complaint or provide them with the evidence you mentioned, such as the 911 audio... View More

1 Answer | Asked in Family Law for Indiana on
Q: After 2 years of no contact, does the father have paternal rights? (No contact since pregnancy)

I have 2 sons, (from different fathers) one is 4 and the other is 2. Neither of the fathers have been in contact since the beginning of my pregnancies. Do they have paternity rights? And if they do, how to I get them removed?

Charles Candiano
Charles Candiano
answered on Jul 17, 2023

Has paternity ever been established? Are the fathers listed on the birth certificate? Do you receive any state aid for either child? Is there a child support Order in place for either child? What is your motive to divest either father of his paternal rights? Do you suspect that either of the... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Indiana on
Q: My father is dying I’m his only child what steps do I need to take toSecure truck and part value of house

House he’s not married I am the only child

Charles Candiano
Charles Candiano
answered on Jul 17, 2023

As long as paternity is established or acknowledged (i.e. you share the same surname), and your father dies intestate (without a Will) as an only child, you are his sole heir, you inherit everything that your father owns. That said, if your father prepares a will and decides to leave his estate to... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My son is 16 has been living with his mom but now wants to live with me. His mom agrees, do we need to go to court

I live in Indiana she lives in Ohio (approximately 32 miles apart) We never had child support issued by the court, we always had our own agreement. The state of Ohio determined paternity when he was 4 and that I had to carry insurance on him and have since. I’m am on the birth certificate as the... View More

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answered on Jul 11, 2023

In situations where both parents agree to a change in custody arrangements, it is generally recommended to seek a formal modification of the custody order through the court system. While you may have had your own agreement and have been able to co-parent without involving the court in the past,... View More

1 Answer | Asked in Divorce and Family Law for Indiana on
Q: If the sheriff serves my husband divorce papers, will they know he has a warrant in GA?

We live in Indiana

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answered on Jul 6, 2023

The service of divorce papers by the sheriff in Indiana typically pertains to the divorce proceedings in Indiana itself. The sheriff's role is to deliver the divorce papers to your husband and ensure that he is aware of the divorce case in Indiana. However, it is important to note that the... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Service by publication forms
Heather L Franklin
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answered on May 3, 2023

Service by publication for family law matters - including custody modifications - should only be used when you don't have an address for the other party or reliable contact information to get an address for them. The Indiana Trial Rule governing service by publication is Rule 4.13 and the rule... View More

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