Indiana Recent Legal Answers from Lawyers

There are several things you can do to find the best lawyer for you, besides looking on Google: 1.  Ask trust friends and family who they used or who someone they know used, liked and trusted. 2.  Contact the local bar association and see if they have a referral service and get at least 3 attorney names to contact and interview. 3.  Interview more than one lawyer through their initial consultation process. 4.  Look up the attorney's credentials on LinkedIn and check the Supreme Court's disciplinary commission site to see if they've had any discipline in the past and what for. 5.  Go to the courthouse and watch attorneys in the courtroom.  I've gotten more than a few cases by having someone come up to me after a hearing and asking for a consultation because they saw me represent a client in court. 6.  When doing onine research, look for number of years in practice, if they do only family law and specialization credentials like "certified family law specialist".  Additional qualifications like a registered mediator, collaboratively trained lawyer, and/or guardian ad litem/GAL/CASA will tell you they have skills related to family law and finding solutions outside of court. 7.  Trust your gut.  Even the "best" lawyer in someone else's opinion may not be the lawyer for you.  Every lawyer has their own style and you may want different things than the person who recommended the lawyer wanted.  If it does not feel right, move on.   Good luck!... Read More

The short answer is "no", for a couple reasons.  First, if you have an existing court order, the language of the Order controls as to your custody and parenting plan.  Since no verbal agreement had been reviewed and approved by the Court, the Court cannot enforce the verbal agreement.  To have the enforcement authority of the Court behind you, all agreements, including modificaitons of your prior Orders, must be in writing, submitted to the Court and signed off on by the Judge. Also, Judges have review authority over all child-related issues until your children are emancipated.  They have review authority to ensure your agreements are in the child's best interests and are not void as against public policy.   All is not lost, however.  A verbal understanding is what can be called "an expression of intent" and Dad's statement can be brought up and discussed in court.  This, like all other evidence, will be considered by your judicial officer in determinning a parenting plan that is in your children's best interests if their parents cannot agree.  Make sure you bring any documentation to any hearing and have a copy for Dad.  If you choose to have your new SO present, make sure s/he can provide testimony in a calm and respectful manner to avoid a circus and the Judge not listening to your side of things.... Read More

Hello: Small claims courts each have their own set of rules that you and your grandparents should review ASAP.  Most of them are available online and you can start on the in.gov site.  Small claims work a little differently than general trial courts so it is important to know their process.   I would imagine that unless you are an attorney you probably will not be able to represent them.  There is a legal term called "standing" that applies here - you are not the one injured so you have no standing.  If your grandparents are not able to do this themselves, I suggest contacting a local legal aid clinic or the law school clinic in your area.  You can help them prepare their case, but they must appear for it unless there's something in your small claims rules that says otherwise.  That said, understand that small claims courts are used to non-attorneys representing themselves and will likely be patient about presenting the case.   Your grandparents may also want to contact the BBB and the consumer division of the Attorney General's office to see if they can get any help there.  Good luck.... Read More

You can fire your counsel at any time.  However, before doing that I would suggest requesting a call be set for a certain time and date to discuss your concerns with your attorney and how you both can resolve them to your mutual satisfaction.  Then, even if you decide to part ways, there is a "game plan" about how to conclude your business with your current counsel.  S/he may even be able to suggest alternate counsel.  Be sure to get a copy of your file for your new lawyer and also get any original documents from your current counsel.  Pay your bill and request a refund of any unused retainer.   It is important to hire the attorney that you feel the most comfortable with, and if you've lost faith in your current attorney then you two should part on the best terms possible so you can move on.  Sometimes things happen and hopefully your counsel will be candid with you about answering your concerns.   If you are changing counsel, your counsel may request a continuance of your hearing to give your new attorney time to prepare.  Judges want an orderly progression of your case, so they may be open to giving you more time if it means both parties have lawyers to help them present their matter.  Good luck.... Read More

If you were married for more than two years at the time of the interview, then he will probably get his 10 year permanent card. Otherwise he will get a 2 year temporary card. If he has a two-year card, that he probably will have problems getting the 10 year card if you get divorced.  This is because a second interview is usually required. ... Read More

There is a lot here.  Since you are never-married parents, you should look to the paternity statutes to see the presumptive rights and obligations both of you have.  It would also be helpful for both of you to review the Indiana Parenting Time Guidelines.  Hopefully a review of those will center both of you to the best interests of your child rather than arguing between the two of you.   If there is no Court Order, then the only way to obtain enforcable "rules" about your parnting plan is to file a case and request a Judge enter an Order for custody, parenting time, and child support.  The Court will enter an order for these things if you two do not agree, and the Judge's standard is "the child's best interests".  Matters of school and getting to and from there on time with their work done and ready to learn will be a top prioirity.  The IPTGs have a section on transportation. Dad may not be able to hear it from you because he's too angry,  but the reality is that things DO change - kids go to school, get friends, participate in sports - all of those things taking time away from Mom and Dad.  That's life.  Your pareting plan must change with the needs of your child  -  period.  You both will be better off working togehter to figure out how both of you can get as much of the remaining precious time with your child as you can rather than fighting.  If you don't trust each other, file an Agreement with the Court for parenting time to ensure there are enforceable "rules" for the both of you, and understand that this agreement or Order can and should change when your child's needs change.  Good luck.... Read More

If you are married, there is no prohibition at all for either of you to travel with your child, at least within the U.S.  Both of you have an equal right to child access.  If Dad took the child on vacation, obviously he's coming back, but your message sounds like you are concerned he is not going to return. If that is the case, then you may want to consider filing for a legal separation or dissolution of marriage.  You will want to consult provision of the Uniform Child Custody Jurisdiction Act (UCCJA) in the Indiana Code.  A review of those statutes will show that if you wait too long there may be a problem with Indiana being found to be the child's "home state" for jurisdiction purposes.   Portions of the relocation statute also may come into play if Dad's move to Florida is permanent. There is nothing in your message about Dad taking the child's passport or being a flight risk, but if that is an issue, you will want to consult a local attorney ASAP to request an immeidate hearing on the issue of custody.... Read More

Requests for "findings" are usually made when one expects a case to be appealed.  An appeal is a request to the Court of Appeals to issue an opinion based upon errors of law and/or erroneous findings of a Court.  Therefore, the Court of Appeals does not reweigh evidence - it looks to the Orders of the trial court to see if there are any errors of law or fact that would warrant a chnage to those Orders. The request for Findings means that the Judge will issue more specific orders, taking more time to explain their decisions based upon the evidence.  If no such request is made, a Judge usually issues a more general order with less detailed explanations or references to statutes and case law, although a Judge may choose to issue those detailed Orders even if no one asks for Findings.   If you are represented by an attorney it is important to discuss with them what findings you are going to request be made.  The Judge usually requests each party submit Proposed Findings a specific amount of days after the conclusion of evidence, so it is important to start this work before the trial in order to make sure you have the proposal you wish to submit ready on time.  It is also important to take really good notes during the trial so you can properly refer to evidence presented at the hearing in your Proposed Findings.  ... Read More

The exact wording of your Order is important here.  If the Order says the Indiana Parenting Time Gudelines apply to your case, then you should look to see what parts of the Order may appear to contradict this statement.  More specific terms of an Order control over more generalized terms, so if the Judge says the Guidelines apply but then makes a list of more specific orders for your individual case, then you must go by those specifics and then use the Guidelines for everything else.   It is unusual for a Judge to order that the custodial parent controls time/place/manner of parenting time.  That usually means you have an infant (parenting time sessions are so short that they usually take place at the custodial parent's home or another prearranged location) or there has been something else that has happened, such as incidents of domestic violence, history of drug/alcohol abuse, or child neglect.  Section I of the Guidelines indicates that the Guidelines do not apply in those cases.  The focus of any parenting plan is to keep the child safe and encourage a healthy relationship with both parents.  If the Judge finds that safeguards need to be put in place, they will put those safeguards in their Order. If arranging parenting time is difficult becuase Mom is putting up road blocks, you may want to request different arrangements, such as a list of options the custodial parent can pick from instead of just an open-ended authority.  Perhaps another relative can help with arrangements, or if all else fails, you can seek the assistance of a professional "visitation center" until whatever concerns the Court can be alleviated.  Everyone should be working toward the Guidlines applying, at a minimum, to the parenting plan in most situations.  If someone is not, the remedy is to request input and modification from the Court.... Read More

Currently an application by your wife for her three children in the Philippines would take approximately 10 years to complete if they were born in the Philippines and remain unmarried during these years. The law, however, does allow a stepfather who marries the mother of the children before they turn 18 to apply for the eligible children and that would shorten the period of time. You state that you were married in February 2020, and that would be over two years ago. You also state that two of the children are 19 and 20. If you married your wife before those children turned the age of 18, you could petition for them now as your immediate relatives, and possibly immigrate them in approximately one year. If the circumstance applies, you would have to petition before the 20-year-old child turns the age of 21. Unfortunately, the 26-year-old cannot benefit under the above and would have to wait approximately 10 years through your wife's petition unless he has other ways to immigrate. Financial support documents are not required at the beginning, but at the time that the children begin to get ready for their interviews at the American Embassy. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence... Read More

There's a lot going on here.  It sounds like both of you live in different states, so the first thing to address is where your court order is.  That state controls how child support is calculated and enforced, but that state can move the order to a different state for support enforcement.  In Indiana, Social Security disability benefits can impact child support obligations depending upon the kind of benefit received.  See Indiana Child Support Guidelines 3F.  https://www.in.gov/courts/rules/child_support/#g6 If you have a support order, then in all likelihood you also have a paternity order or dissolution decree.  At some point, paternity of the child would have been either assumed or determined.  If a court has found you to be the father of this child, there are only a few very limited ways to contest paternity, and they usually involve a claim made by the actual biological parent.   The time to contest paternity has probably long passed.   This question is complicated and I would strongly recommend seeking the advice of an attorney in your state before your next hearing.... Read More

For the ex-wife issue, you will need to consult your Decree or Dissolution Settlement Agreement.  This document is now the "contract" that you and your ex need to follow.  Remaining co-owners of property after a divorce is rarely a good idea, and if that is what you are, then you may have to go through a process called "partition", which is complicated and defined by statute.  You will want to consult with an attorney for this process, but you should be able to find that portion of the Indiana Code to review.  Hopefully the time and expense of that process will motivate both of you to resolve your differences or agree to amend your Order.     I would suggest that you also post this question in the Landlord/Tenant area for the renter issue.  Good luck!... Read More

If you have custody of a child in Indiana, you must comply with the relocation statute:  Indiana Code 31-17-2.2 for parents and 3101705 for grandparents with visitation rights.  Requirements include specific timelines for notice to the other parent and the specific items you need to incude in your notice.  The  notice also should be filed with the Court.  When you read the statute, you will note that the other parent has a time period in which to respond/object.  Either of you can request the Court modify the parenting plan.   Failure to file proper notice may subject you to orders to return the child to the state or other consequences depending upon the circumstances and what the other parent chooses to do about the move without notice.  Some of those are also outlined in the statute.  A history of not spending time wiith the child does not exempt you from the notice requirement.  I suggest contacting an attorney to assist in properly filing the notice.... Read More

Joshua: If you do not have a pending dissolution case, then either parent can have custody and within reason do as they see fit with regard to children of the marriage.  If you have a dissolution action pending, then the best way to get a set of "rules" addressing proper co-parenting is to request a provisional hearing with the Court for a temporary paenting time order.  The Court will issue an order they find is in the best interests of the children.  Once issued, both parents must follow the "rules" set by the Judge until and unless they are modified.  Whatever you do, do not make it worse for the kids by engaging in inappropriate behavior in front of them.  Also, I would suggest reading the Indiana Parenting Time Guidelines to begin to learn what a Court will expect of both parents moving forward in a dissolution case.  ... Read More

Indiana paternity law is found in Indiana Code 31-14-5 - you can Google the statutes applicable to your situaition.  Also applicalbe is the Uniform Child Custody Jurisdiction Act.  Based on your report, Indiana is the proper state for jurisdiction.  Absent an adoption (which you must notice Father about), Dad will be able to attempt to establish paternity of this child for many years.  He can establish enforceable rights and obligations with respect to the child if he is the biological father.  Right now he has presumptive rights as described in the stattues.  A history of domestic violence is relavent to any determination of child access; however, the best interests of the child controls.  Child support will also be established.  If you have received state or federal benefits for the child, the local Prosecutor's Office may also choose to seek child support on behalf of the child.  They will contact you if that becomes the case.  I iwould strongly suggest contacting an attorney to further discuss your options.... Read More

There is a lot more informaiton needed to respond in detail to this question, but it sounds like you consented to a guardianship of your child/children.  If you no longer agree to the guardianship, you can request the guardianship be terminated by making a request to the Court in which the guardianship was filed in.  If there was a previous paternity or dissolution case, there may be other options as well.  In any case, you need to obtain any existing Guardianship Order to determine who has legal custody and if you have parenting time or have been ordered to pay child support.  ... Read More

The answer to this question depends upon whether or not Mom and Dad have an existing case.  If they do, then the matter should be handled in the existing Court.  If not, jurisdiction needs to be determined before moving forward.  In any case, Dad needs to review the Indiana relocaiton statute that also applies here:  https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-17-2-2-1.html.   If he wants to establish his parental rights and obligaitons or has already done so and just needs to request enforcement of the Order, he should not wait.  Litigant rescources are avaiilable at every courthouse Clerk's Office, or you may choose to contact an attorney to help you.... Read More

The I-134 affidavit of support form only states for a listing of dependents who are dependent upon you for support, either partially or wholly. If they are not dependent upon you for such support, then it appears that you would not have to list them. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

If you have a 10 year green card, then it would be very difficult for you to lose that if you get divorced. If you have a conditional residence card, and you are the victim of physical or emotional abuse, or your spouse is threatening you with denial of immigration benefits, then you and your daughter may self petition under the VAWA act. You should retain counsel to represent so that your application is processed correctly.... Read More

Based just on the information provided, it sounds like the surgeon negligently severed the nerve during surgery.  You can sue a doctor for negligence.  A lot of factors could affect the strength of your case.  How long ago did you have surgery?  What did the doctor tell you about the risks of the surgery?  What did the doctor say when you told him that you were experiencing numbness? You next step is to obtain your medical records from the doctor who performed the surgery and the doctor who told you the numbness was permanent.  Generally, I collect records for my clients, but right now all of the medical providers are taking a long, long time to give me medical records.  They blame Covid and lack of assistance.  I have found patients can get records faster. You should also call a lawyer.  Medical malpractice cases are complicated.  I don't think anyone should try to represent themselves in med mal cases. I offer a free consultation and I'm licensed in Indiana.  Please feel free to call or email me if you have additional questions or want to discuss your case further. Kimberly Beck Beck Law Center kim@becklawcenter.com 888-434-2912 Please note that Beck Law Center does not intend to create an attorney/client relationship by responding to this question.  If you have questions about your specific case, please contact a lawyer.  ... Read More

OK so technically because of Covid and the long delays resulting from that, those messages about being valid for 120 days are essentially a generic response that goes out to all fiancée visa sponsors and applicants. The general policy is that they will not require any update By the couple prior to the expiration, and this seems to be a policy that is in effect for all K-1 visa sponsors and applicants. But to confirm whether that policy is in fact accurate, I would contact the national Visa Center directly. You can contact them at 603-334-0700. They are open every weekday until midnight, and they can provide a response to your question.... Read More