Indiana Child Custody Legal Questions

Find and hire the best lawyer you can possibly afford. You really have no other viable option now. If you're poor, beg or borrow the money to hire a lawyer because if you think you're miserable now, wait until you're stripped of everything in divorce and then possibly rotting in jail to boot.... Read More

I would suggest considering filing a petition to establish decision-making (custody), parenting time (visitation) and child support. You will need to outline the last known whereabouts of your daughter. You can also file for temporary orders requesting that the child be returned to you. Then the issue will be serving the mother with the paperwork. Often clients can track down the mother through facebook contacts and other information. We do have the ability of hiring private detectives or running a skiptrace to see if she has surfaced.... Read More

It depends upon what is in your decree of divorce. If the decree of divorce is silent on the subject of whether you can relocate, or under what circumstances you can relocate, then there is nothing that would prevent you from relocating outside the state of Utah with a child. You must, however, provide the other parent with advance notice of your intent to relocate. The section of the Utah Code that applies is 30-3-37 30-3-37. Relocation. (1) For purposes of this section, "relocation" means moving 150 miles or more from the residence of the other parent. (2) The relocating parent shall provide 60 days advance written notice of the intended relocation to the other parent. The written notice of relocation shall contain statements affirming the following: (a) the parent-time provisions in Subsection (5) or a schedule approved by both parties will be followed; and (b) neither parent will interfere with the other's parental rights pursuant to court ordered parent-time arrangements, or the schedule approved by both parties. (3) The court shall, upon motion of any party or upon the court's own motion, schedule a hearing with notice to review the notice of relocation and parent-time schedule as provided in Section *30-3-35 * and make appropriate orders regarding the parent-time and costs for parent-time transportation. (4) In a hearing to review the notice of relocation, the court shall, in determining if the relocation of a custodial parent is in the best interest of the child, consider any other factors that the court considers relevant to the determination. If the court determines that relocation is not in the best interest of the child, and the custodial parent relocates, the court may order a change of custody. (5) If the court finds that the relocation is in the best interest of the child, the court shall determine the parent-time schedule and allocate the transportation costs that will be incurred for the child to visit the noncustodial parent. In making its determination, court shall consider: (a) the reason for the parent's relocation; (b) the additional costs or difficulty to both parents in exercising parent-time; (c) the economic resources of both parents; and (d) other factors the court considers necessary and relevant. (6) Unless otherwise ordered by the court, upon the relocation, as defined in Subsection (1), of one of the parties the following schedule shall be the minimum requirements for parent-time with a school-age child: (a) in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent: (i) Thanksgiving holiday beginning Wednesday until Sunday; and (ii) Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes; (b) in years ending in an even number, the child shall spend the following holidays with the noncustodial parent: (i) the entire winter school break period; and (ii) the Fall school break beginning the last day of school before the holiday until the day before school resumes; (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks. The children should be returned to the custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period; and (d) one weekend per month, at the option and expense of the noncustodial parent. (7) The noncustodial parent's monthly weekend entitlement is subject to the following restrictions. (a) If the noncustodial parent has not designated a specific weekend for parent-time, the noncustodial parent shall receive the last weekend... Read More

Relocation is a very sticky issue in Arizona. It requires notice to the other parent, who then has a right to object. I would suggest talking to an attorney about the requirements for relocation and whether you can proceed with moving because you have "full custody". The issue is more who has legal decision-making so an attorney may even want to see your original custody orders to help make that assessment.... Read More

If you do not have a court order saying you are entitled to overnight visits then the answer would likely be no.  If you have an order stating that you are entitled to parenting time, pursuant to the Indiana Parenting Time Guidelines, you may find that your daughter is still a bit young in terms of an alternating weekend schedule, unless you have been previously exercising parenting time for a lengthy period of time.    ... Read More

I am not sure if it is a child born out of wedlock or a child from a previous marriage, but either way you would need to file a court action if the other parent is not willing to agree to the joint custody arrangement. If it is a child born out of wedlock and the other parent would agree, then the two parents can sign a paternity affidavit and as part of that affidavit they can agree to a joint custody arrangement.... Read More

Custody cases are difficult even with legal help.  Going alone is never an option that I would recommend.  It may be difficult to come up with funds to pay a lawyer, but you should try to do what you can before taking on your particular case, especially since you want to file for a change of judge.  You will have to file a change of venue from the judge under the Indiana Trial Rules.  From my understanding there are no particular pro se forms out there to do that.  I am not sure if your county has a law library or not, but if it does you may have some luck finding a template in the Indiana Pleading and Practices series.   ... Read More

If it is a court ordered guardianship, then the child support should actually be sought from the biological parents as they are the ones that have the duty to support the child.  In this situation, the guardianship should be modified so that only one grandparent has guardianship, if the parties will not be residing together. ... Read More

It is possible, but that is not enough to evaluate your case. Do you have a stable home with room for the kids? Do you have means of support? Can you provide, food, clothing, shelter etc...? Ultimately, the court looks at the best interest of the children to award custody, so that is your standard. Your unemployment will be an issue, but not the only one.... Read More

You can file a paternity action and agreement stating that you are agreeing to joint custody.  Another approach is that you can sign a paternity affidavit and there is a portion where the parents can agree to a joint custody situation.  Finally, I noticed that you said you and your fiance were wondering.  Once you are married you will both share joint custody over your child as a married couple. ... Read More

You can file a petition to change her name in the probate court for the county where you live. The filing fee is usually $160 plus you have to pay for publication of notice of the petition (depends on where it's published). Call your probate court office they often have a packet of forms for you to complete or you can find them on line (courts.michigan.gov).... Read More