Indiana Child Custody Legal Questions

Indiana allows parents to use either parent's address for school.  You may be able to register him for school.  After you have exhausted all means to contact mother and request that she consent to the registration,  I would contact the school and try to register him.  If the school refuses to register the child, you will need to file an Emergency Petition to Modify Custody and request an expedited hearing.  You have a significant problem if you are unable to determine mother's address as it will be difficult to obtain service.  The court is going to be reluctant to do anything if there is no service.  I would urge you to obtain legal representation.... Read Answer

I am not sure from your question if the accusation of abuse has arisen out of a child custody matter or if it is a criminal matter.  Most lawyers would handle those two issues in completely different ways.  There are many considerations, nature of the alleged abuse, witnesses, time frame, age of child, timeline of accusation, etc.  I am not asking the particulars of your sitation in this setting as if it involved a criminal matter, then it would be important not to post details surrounding the matter online.  If this is a custody issue, then it may be to your advantage to have a guardian ad litem who can talk to the child.  Depending on the circumstances, it may be advantageous to involve experts such as psychologists or pediatricians.   I would point out to you that a lawyer who becomes aware of the abuse of a child has a legal duty to report that abuse to CPS.  Although you are protected by confidentiality in what you say to your lawyer, confidentiality does not apply to abuse of child.  ... Read Answer

What steps would you take if the two of you were married? Probably you would try to get him to seek professional help, and see what could be done by other family members to help in that regard. Legally, if he has done things that are threats or harmful to you or your son, you can seek protection from the court, depending on what they are. You might also try to pinpoint when things changed, i.e. if he was mentally stable when you had sex, and is not now, when did that change occur. It could be linked to some life event.... Read Answer

As a grandparent in Indiana, you have visitation rights. You do not have your son's visitation rights, even with a POA. The POA, or your son's presence in jail, has nothing to do with it. You can petition the appropriate court for your rights to be enforced. You will have to talk to a lawyer in your community as to what the appropriate court would be.... Read Answer

Yes, he can seek custody if he is legally the father. You need to consult an attorney in the state where you live to determine jurisdiction over the case, and whether you might have to return to his state. The attorney will need dates and much more information about the situation then can be provided here in order to properly advise you.... Read Answer

Notice has to go to her father. If he objects, it is very likely not to happen. While I understand that different last names in a family may occasionally take some time to explain in formal documents, as far as your child goes, this is so common in school and society anymore that the impact on her is minimal.... Read Answer

You are only overpaid on your support. Over payments can be handled by reducing what you are currently paying. Set the case for hearing. Better yet, you should have hired your own attorney to handle this. Since you were the one most immediately benefiting from the emancipation, your attorney and you have the incentive to keep things moving. Why should your wife's attorney move at the fastest pace possible? To save you money? Candidly, you were taking the cheap way out by expecting her attorney to act at the speed most favorable to you. Tough lesson, but you will know better next time.... Read Answer