Indiana Child Custody Legal Questions

What your question comes down to is this: if I knowingly violate my decree of divorce, can that get me in trouble? specifically, can having a member of the opposite sex sleepover in my house put me at risk of losing custody of my children? You already either know or should know the answer to this question: Yes. You don't need a lawyer to tell you that, but if it helps to have a lawyer tell you that, I'm happy to oblige.... Read Answer

I am the Utah attorney, and so I can only speak to how Utah law would apply to your situation. If you and the child do not live in Utah, consult an attorney in the jurisdiction where you reside. Your question leave some details out and so I will have to make certain assumptions. It appears that you and the child's father were never married, but that a court order has established paternity. I do not know if a court order has established for the father any rights of visitation or parent time, but let's assume that it has. let's also assume that the father has not been exercising parent-time. Your son is afraid of his father. You do not give any reason why he should be afraid, such as the father being violent or reckless emotionally abusive, so I'll assume that the reason the boy is afraid of this man is because he does not know or trust him. That would be understandable. If absentee parent suddenly show up in the life of a little child and demand to take the child away for a weekend or longer, that can terrify a child, who has no concept of separation from the only caregiver he has known in his brief life to that point. Fortunately, the Utah Code anticipates this circumstance arising and contains this provision: 30-3-36. Special circumstances. * (1) When parent-time has not taken place for an extended period of time and the child lacks an appropriate bond with the noncustodial parent, both parents shall consider the possible adverse effects upon the child and gradually reintroduce an appropriate parent-time plan for the noncustodial parent.* (2) For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent: (a) an itinerary of travel dates; (b) destinations; (c) places where the child or traveling parent can be reached; and (d) the name and telephone number of an available third person who would be knowledgeable of the child's location. (3) Unchaperoned travel of a child under the age of five years is not recommended. (emphasis mine) That you will note that section 30-3-36 of the Utah Code comes from the part of the Utah code dealing with divorce, but the parent time provisions governing divorce also applies to parent time provisions in paternity and parentage actions: 78B-15-113. Parent-time rights of father. (1) If the tribunal determines that the alleged father is the father, it may upon its own motion or upon motion of the father, order parent-time rights in accordance with Sections *30-3-32 * through *30-3-37 *as it considers appropriate under the circumstances. So, where parent time has not taken place for an extended period of time and the child lacks an appropriate bond with his biological father, you can argue that the Utah Code allows you to curtail his court ordered parent time and replace it with a period of reintroduction according to a parent time plan. You would be wise, however, to ask the court to issue an order for a re-introductory period and plan, so that the father cannot accuse you of acting as a lawn to yourself and trying to dictate to him.... Read Answer

Yes, you can get into trouble. You say take you back to court, so it sounds like there is a court order and you are disobeying it. Also, why is your son afraid? Because of what the father does or because you have told your son how bad the father is? If the former, you may have an ability to keep your son away from his father; if the latter, you are in big trouble.... Read Answer

If the parenting plan is part of a court order, get the order modified to reflect a new visitation schedule. If it is not, then you can advise the father that the child does not like the arrangement, and visitation is for the parent and child, not a surrogate. You may wish to consult a family law attorney to assist you.... Read Answer

You should definitely hire counsel. An adoption is a very significant legal procedure and cuts off the rights of a parent forever if done properly. If not done properly, it can be a disaster with the other parent coming back years later trying to enforce his or her rights, sometimes successfully obtaining custody.... Read Answer

If custody orders have not previously been established, then your fiance will need to file a petition to establish decision making authority (legal custody) and parenting time (physical custody). Once the court enters orders regarding the visitation schedule, either agreed to by the parties or through a trial, then those orders are enforceable. Your fiance at that point can call the police and she can be cited with custodial interference if she fails to follow the court orders.... Read Answer

She is required to follow the Relocation Statute. Part of the documentation will include a proposal for parenting time. You can object and the court will conduct a hearing to determine what is appropriate in this situation. You may want to look at the Parenting Time Guidelines for "when distance is a factor".... Read Answer

Should be easy enough to modify custody to sole custody, but you shouldn't terminate parental rights unless someone is definitely going to adopt (and even then, not necessarily). The person who wants to adopt should be in a committed relationship with non-relinquishing parent (a dating relationship isn't necessarily enough) and they should have been involved in the child's life for a significant period of time.... Read Answer