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Indiana Family Law Questions & Answers
1 Answer | Asked in Family Law, Civil Rights and Education Law for Indiana on
Q: Do I have a case ? He is in 4th grade and removed from sports due to harassment .

My son school stated he should not participate in sports because he was talking in launch. Than when I asked to speak with the instructor due to no previous issues with my son the principal became defense and won't allow it . After going back and forth and coming to school I finally met with... View More

James L. Arrasmith
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answered on Dec 5, 2023

In your situation, there are several concerns that might warrant further legal exploration. If your son has an Individualized Education Program (IEP) and his removal from sports is related to his disability, this could potentially be a violation of his rights under the Individuals with Disabilities... View More

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, Appeals / Appellate Law and Civil Rights for Indiana on
Q: My public defender Told me to admit The allegation, He said we're not gonna win. but their proof wouldnt have proved it

My public defender talked me into admitting.The allegation was true. He said we're not gonna win.We're just gonna have a mad judge and be in the same Situation if you continue to to deny it. But the Evidential proof the other side had wouldn't have proved anything.

James L. Arrasmith
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answered on Feb 9, 2025

It sounds like you were pressured into admitting something you believe wasn't proven. That can be a frustrating and overwhelming experience, especially when you feel like you didn’t have a real choice. Public defenders are often overloaded with cases, but that doesn’t mean you should have... View More

1 Answer | Asked in Estate Planning, Family Law and Civil Rights for Indiana on
Q: My dad is he recently passed & his friends are telling me I'm not aloud on his property to get my thing

Nor am I getting anything from my dad inheritance

James L. Arrasmith
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answered on Jan 21, 2025

I'm very sorry to hear about the loss of your father - losing a parent is incredibly difficult, and dealing with property issues during this time must be adding extra stress.

If your father had a will, you should obtain a copy from the probate court in the county where he lived. This...
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1 Answer | Asked in Family Law, Tax Law, Child Custody and Child Support for Indiana on
Q: Can I be held in contempt of court for not filling out the 8332 form when it comes to taxes

Our court order states that we are supposed to alternate tax years I never fully agreed to this because I didn't think it was fair because I'm the one that does 98% of care for our child he pays child support that he was forced to pay and that's it and I need the money more can I be... View More

James L. Arrasmith
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answered on Jan 12, 2025

If you don’t complete Form 8332 as your court order requires, the court could potentially hold you in contempt. Courts take their orders seriously, and not following them might lead to legal consequences.

Since you’re providing most of the care for your child and need financial support,...
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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

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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

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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

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