Indiana Child Custody Legal Questions

Although I'm a Maryland child custody attorney, I can say that pursuing legal custody is a critical step to formalize your rights, especially given the lack of involvement from your son’s father. Hiring an attorney can help ensure that custody paperwork is properly drafted and reflects your child's best interests. Additionally, creating a will is an important measure to designate guardianship for your child in case of unforeseen circumstances. Working with a family lawyer will provide you with the guidance needed for both custody and estate planning matters, ensuring your son’s future is secure. Consulting an experienced attorney can simplify the process and address your unique needs.... Read More

First, your attorney should be answering quesitons for you.  Since advice can differ between attorneys, be cautious about seeking another attorney's advice instead of the one you hired.  Also, your attorney wlll be more aware of your local court's practices than some random lawyer on the internet. To answer your question, yes, your attorney may request a continuance.  The Court wants a trial where both parties are prepared and all the evidence is presented, so if a continuance is necessary the Judge will consider it.  Your attorney may also consider requesting a case management order to be issued after an attorney conference so that all dates can be set when everyone is there and calendars can be compared.... 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

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

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

Okay here is the deal. Is the child father on the birth certificate? If he is on the birth certificate, you can not change the childs name or the last name without his permission as long as he has his parental rights. The parental rights can not be terminated unless he voluntarilay terminates them, or you forcefully terminates them through publication (if you can not locate him) and he has been inactive in the child life emotionally, mentally, and physically-financially. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com.... Read More

When an attorney does not respond to your emails, text message or phone calls the same day or within 24 hours, it is an indication that either the attorney is very occupied with the overload of his work, and or he or she is just not interested in your case anymore, because they have collected the amount they needed to bill you. The only reason they are still on the case and has not dropped it because they don't want to make it to obvious that they are not interested and doing there very best to get rid of the case asap. I would suggest that you get a second opinion on your case from a responsive and competent attorney. You may be letting go most of your rights or options in the litigation matter.We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read More

I am assuming that your children currently live in Indiana.   The answer to this question depends on what exactly you mean by "signed over".  In other words, if there are court documents, then those documents will need to be reviewed before any attorney can give you a good answer.  You are smart to take care of this before there is a problem.  I suggest you contact an attorney in the county where your children reside.  Good luck... Read More

I practice law in Indiana, and am not licensed in California.  If the child spends more time with you than with her father, then you can file a motion in Indiana to "domesticate" the California order - in other words, bring the case to Indiana.   This may require an attorney both in California and Indiana to deal with the requirements of the interstate compact case.   This also turns on the exact wording of the California order.   Certainly, once the child starts to attend school, the custody arrangment needs to be modified to conform with the educational needs of the child.   You are wise to begin this process now. I strongly advise you to consult with an attorney in the county where you live.   Good luck!... Read More

Just because of this specific behavior you can’t simply refuse to send children with him. Write a letter to him documenting the incident and issue him a warning if this persist you will seek to modify the visitation and custody order. Contact an attorney if you would like to move forward... Read More

You need to get an attorney to represent you in the case, whether it is in Indiana or Illinois.   This is complicated, lots of moving parts, made worse by two states being involved.   The longer the child stays in foster care the harder it will be to relocate the child yet again.  The time to act is now!... Read More

HE is not KEEPING anyone under your scenario. Your daughter is a grown woman and has the responsibility one way or another. The real question is whether under Indiana law you can compel your own daughter to provide visitation to you with a grandchild in her custody. The answer to that is no, you cannot compel visitation in this scenario.... Read More

I am not quite sure how you have guardianship in the first place if her only disability is her eyesight. The reason the law is like this is because of countless cases in which a guardian (often a parent) misuses and helps themselves to the ward's money. You should sit down with the attorney who helped you obtain the guardianship and see if there are ways the strings could be loosened. If you did not get an attorney, then the whole thing may be fouled up and you need to find one to review all the paperwork you are relying on.... Read More

I agree with you -- this is no way to co-parent, and it is detrimental and stressful for your daughter.  It will only get worse until he understands the effect on a child for this nonsense.     I suggest you consult an attorney who practices family law and discuss the best way to educate the father and develop an effective co-parenting plan.  I wish you the best... Read More