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Indiana Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Does suspended parenting time mean NO CONTACT?

My parenting time has been suspended pending a hair follicle test being submitted to the court and my ex-husband in Indiana.. does that mean NO CONTACT? He won't let me speak to them by phone and has even changed my son's play station account password and email so I can't send vbucks.

James A Hanson
James A Hanson
answered on May 22, 2022

It is impossible to answer your question specifically with the information provided. Also, it would not be appropriate to provide more detail in this venue.

I would presume from what you have shared that the Court simply suspended in-person parenting time. You should read the actual order...
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1 Answer | Asked in Family Law for Indiana on
Q: I live in Indiana and my ex is keeping my children from me. She said her Attorney told her to do this, no court order

My ex (never married) is keeping the kids from me, she told me and an officer that an attorney advised her to keep the children from me until visitation is put into place. I have signed the paternity affidavit for both my children and for my son we signed a form with the health department agreeing... View More

James A Hanson
James A Hanson
answered on May 22, 2022

Your situation is exactly why you need to get an actual parenting time order from an appropriate court.

In Indiana, a Juvenile Paternity (JP) case will legally identify you as the father of each child and will establish the parameters of both Custody and Support.

The fact that you...
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1 Answer | Asked in Estate Planning and Family Law for Indiana on
Q: My 89 year old father wants to get married to his 77 year old girlfriend who he has been dating for a year.

He now wants to include her in the will. He wants to make all the decisions on this and will not let his adult children help make this decision. He has some dementia, gets confused easily and should probably be in a nursing home. As of right now he had a will made out 7 years ago with me being the... View More

James A Hanson
James A Hanson
answered on May 22, 2022

Up front, it is important to remember that your father's property belongs to your father. He can give it to whomever he wants at any time.

With that said, the situation you describe does raise some red flags.

First, there is the issue of your father's capacity to make...
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1 Answer | Asked in Contracts, Criminal Law, Family Law and Personal Injury for Indiana on
Q: Can I stay after eviction n also appeal I didn't n couldn't make court this landlord throwing me out
Tim Akpinar
Tim Akpinar
answered on Mar 30, 2022

I'm sorry your question remains open for two weeks on such an urgent matter. This is something that an Indiana landlord-tenant attorney would have insight into. The question was overlooked under Personal Injury and other categories. If you haven't done so already, you could reach out to a... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Indiana on
Q: Does a witness have to take the stand in court if she is married to the defendant ?

As well as the witness feels like she can't go through with it , and is also the victim of the case ?

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 1, 2022

If subpoenaed to court, then the spouse needs to appear so as not to be in violation of a court order that could result in her arrest. That being said, depending on the circumstances of what she would testify to, the spousal privilege may limit or prevent her testimony. She should contact a... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: I live in indiana and was granted sole custody of my girls. My daughter turned 18 in August and had a baby the day befor

My ex husband was abusive and is racist. My daughters baby is mixed. 3 weeks ago she stormed out of my house with the baby because I said her boyfriend had to leave. What can I do to protect the baby or stop my daughter from taking him to Alabama. My ex husba beat me and my kids and my grandson... View More

Troy Tyson
Troy Tyson
answered on Dec 6, 2021

By default, your daughter, as the parent of a child born out-of-wedlock, has sole legal custody of the child and may make decisions on the child's behalf. However, if you feel the child is truly in danger and/or have evidence of the same, you can contact CPS to request an investigation, and... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What should I do. I don't even know my choices here.

My ex & I have joint custody with me being the sole care giver. He hasn't had our kids since the weekend of August 15th. Our son was hit by a car on August 29th & was transported to the hospital where he had 2 surgeries & was in the hospital for a week. His dad came for 2 hours the... View More

Troy Tyson
Troy Tyson
answered on Oct 5, 2021

Very sorry to hear about your son, I hope he makes a full recovery. Regarding the custody questions, if the father is not exercising the time he is entitled to under the current order, you may consider requesting a modification of the order to something that better fits the situation. Also, on... View More

1 Answer | Asked in Family Law for Indiana on
Q: If a judge was the one signing the custodial agreement, do any changes to the agreement go back before the same judge?
Troy Tyson
Troy Tyson
answered on Sep 28, 2021

Typically yes, but that could change depending on a whole variety of factors (judge leaves, one party changes residency to another county, etc.). If you are considering a modification, you should consult with an attorney to determine your best options.

2 Answers | Asked in Family Law and Adoption for Indiana on
Q: Hello I need to find what forms i need to file with the court so my husband can adopt my daughter.

bio dad is not around hasnt been in over three years. i have two other children with my current husband.i dont think bio dad will try to stop it but i cant get ahold of him to sign his rights over im in indiana

Kurt Kazmierczak
PREMIUM
Kurt Kazmierczak
answered on Sep 21, 2021

You can get sample forms from the clerk, or possibly even at your county's website. Without the biological dad around to consent, there are things that need to be addressed with the court in order for this to have a chance at working. This is a scenario that can get very complicated very... View More

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1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: What can i do if the mother who has primary withholds her address so I won't know where my kids are staying
Troy Tyson
Troy Tyson
answered on Sep 21, 2021

If you have a court order and/or share some form of custody of the children, you are entitled to know that information. You might consider filing a motion for contempt against mother. It might also be a good idea to sit down with an experienced family law attorney to discuss your case in detail.

1 Answer | Asked in Family Law for Indiana on
Q: What are the chances of him getting visitation

I have a court date to establish paternity of my daughter. It was filed by her father. He hasn't financially supported her, contacted her or seen her since she was 5 months old. She is now 3 years old. He was arrested when she was 5 months old for domestic violence against me and my 1 year old... View More

Troy Tyson
Troy Tyson
answered on Sep 14, 2021

The court will certainly consider the factors you mentioned, all of which are weighty. However, the ultimate decision is at the discretion of the judge, and it would be impossible to give hard predictions with such little information. You should seriously consider sitting down with an experienced... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: Order dismissing Upon motion of the petitioner, this action is dismissed without prejudice and stricken from the docket
Troy Tyson
Troy Tyson
answered on Sep 14, 2021

It is unclear what exactly you are asking, but just as a general answer, if a filing or an action was "dismissed without prejudice and stricken," that means that the court has terminated it and will take no further action on it, but the "without prejudice" part means that the... View More

1 Answer | Asked in Elder Law and Family Law for Indiana on
Q: Hi my husband is only child His mother given poa to nephew She has dementia They trying to put her in home

They are trying to put her in nursing home without notifying my husband.

Also they are trying to take her money out back

And sell her property. They are trying to keep it hush. Can they put her in home without his consent. Again he is only child.

Because while she was in... View More

Troy Tyson
Troy Tyson
answered on Sep 14, 2021

Unfortunately your question is not clearly enough posed to give any type of substantive answer. It might be a good idea to sit down with an experience probate or family attorney, to discuss your case in detail and get the answers you are looking for.

1 Answer | Asked in Family Law, Child Custody and Child Support for Indiana on
Q: I was served with court papers from my ex boyfriend for paternity/custody. I’m not pregnant what do I do?
Troy Tyson
Troy Tyson
answered on Sep 2, 2021

You may consider filing a counterclaim or challenging his paternity in court. However, your question does not provide many specifics so it is difficult to say. You might seriously consider sitting down with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: My ex is dating a child predator, I have asked that he not be allowed around my daughter, this wish has not been done.

How do I get him to stay away from my daughter

Troy Tyson
Troy Tyson
answered on Aug 3, 2021

You may need to consider filing a petition with the court to modify parenting time or otherwise restrict this person's access to your children. You should consider speaking with an experienced family law attorney about your case.

1 Answer | Asked in Family Law for Indiana on
Q: Just found out old girlfriend had a child which may or may not be mine. She refuses to get paternity test with me.

What are my options? Do I lose custody rights after 60 days if I wait for a test.

Troy Tyson
Troy Tyson
answered on Jul 27, 2021

You can file a petition for paternity, and ask the court to order a DNA test. You should consider speaking with an experienced family law attorney to guide you through this process.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: Are overnights allowed on court ordered supervised visits?

Grandma does the supervising

Troy Tyson
Troy Tyson
answered on Jun 28, 2021

That's not the norm but it will depend on what is stated in your court order. Consult the order for that and you may also want to consider speaking with an experienced family law attorney to get clarity on this and other issues.

1 Answer | Asked in Family Law for Indiana on
Q: My ex wife moved with my daughter without notifying me. They are in the same town. What can I do?

I have joint custody.

Troy Tyson
Troy Tyson
answered on Jun 24, 2021

A party is not required to file notice of relocation with the court if the move will result in a distance of less than 20 miles from the other parent. However, your ex-wife should still provide you with that information if you share custody of your child. You should speak with an experienced family... View More

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: My daughter dropped her two kids off said she can't take care of them what are my options?

One is 3 one will be a year in two days and has down syndrome

Troy Tyson
Troy Tyson
answered on Jun 21, 2021

If you are willing and able to take care of the children, then a guardianship may be a good option for you. You should speak with an experienced attorney to discuss details about how to undertake that.

1 Answer | Asked in Family Law and Child Custody for Indiana on
Q: how can i find a low cost lawyer,

my sons father has custody, he has been living with his grandmother and i just found out that his dad has moved back in his grandmas and he and his wife are on meth and i have messages from his wife stating the drug use, the fact they do not have jobs and that they had to move back into the... View More

Troy Tyson
Troy Tyson
answered on Jun 17, 2021

You'll want to look into legal aid or pro bono organizations in your area. Most cities/counties have at least one such organization, and if you qualify, you should be able to find competent attorneys willing to help you with your case. Hope that helps.

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