Indiana Child Custody Legal Questions

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303 legal questions have been posted about child custody by real users in Indiana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Indiana Child Custody Questions & Legal Answers - Page 3
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Recent Legal Answers

You have a good argument once you get married to proceed with an adoption.
You have a good argument once you get married to proceed with an adoption.

Can I get custody of my niece if I have taken care of her for 2 months?

Answered 8 years and 10 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
With a good lawyer, yes you could, depending on the parents' attitude when they get notice of your request.
With a good lawyer, yes you could, depending on the parents' attitude when they get notice of your request.
No. You may have to file a Motion to enforce your parenting time if this continues to be a problem.
No. You may have to file a Motion to enforce your parenting time if this continues to be a problem.
Yes, talk to a lawyer.
Yes, talk to a lawyer.

Can my wife sign over her rights to me without having to file for divorce?

Answered 8 years and 11 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
No such thing as "signing rights over" if by that you mean terminating your rights as a parent, unless someone else is adopting them with your consent to be the new mother. If you mean a part of a legal separation, it still has to be signed by a judge as part of that proceeding.
No such thing as "signing rights over" if by that you mean terminating your rights as a parent, unless someone else is adopting them with your... Read More
Is this a person a stranger to you, to your child, to the father, or all of you? If he exercises weekend visitation, it seems that the "other state" might not be very far. Is that true? There are a multitude of ways to work this out, including you possibly shouldering the transportation load yourself, or changing the schedule to that father can do the transporting himself.. Talk to the father and try to work out your objections with him. I assume you do the driving for your share of the exchange?... Read More
Is this a person a stranger to you, to your child, to the father, or all of you? If he exercises weekend visitation, it seems that the "other state"... Read More

What can I legally do if father wants a stranger to pick him up and drive across to another state?

Answered 8 years and 11 months ago by John George Galasso (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Depends on how your custody exchange is worded in your court papers: Without that info I cannot answer your question.
Depends on how your custody exchange is worded in your court papers: Without that info I cannot answer your question.
If we move to another state before the court order was issued, could I be forced to return to our previous state? YES.
If we move to another state before the court order was issued, could I be forced to return to our previous state? YES.
Get it through the divorce or paternity action with the help of an attorney. Once CPS ends its involvement, you may be back to square one.
Get it through the divorce or paternity action with the help of an attorney. Once CPS ends its involvement, you may be back to square one.

Can I terminate my rights having not seen or talked to my daughter in over a year?

Answered 8 years and 11 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
No, you can't just "sign off" to avoid child support. There would be a lot of people doing that if you could. If the mother has a husband who wishes to adopt the child, then you can consent to the adoption, which would terminate your parental rights and responsibilities.
No, you can't just "sign off" to avoid child support. There would be a lot of people doing that if you could. If the mother has a husband who wishes... Read More

How long do I need to wait to try and have my ex-husbands parental rights taken away?

Answered 8 years and 11 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
Here is the plan you should follow: 1. Get married 2. After you are married and a year has gone by with him neither communicating or speaking with the children, or supporting them, go see an attorney. 3. His consent will not be needed at that point, and you can proceed with adoption.... Read More
Here is the plan you should follow: 1. Get married 2. After you are married and a year has gone by with him neither communicating or... Read More

Can my current wife take off with my 11 year old son to other state without my consent?

Answered 8 years and 11 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
You have two separate questions: Can my current wife take off with my 11 year old son to other state without my consent? Yes. Neither of you need permission of the other one to drive your child to school, the store, to the next town, or the next state. Her intent not to return has nothing to do with it. Should I be worried of the possibility that I might come home one day and find that she's left the state with my son? If she is threatening to do this, then yes. But the worry would be solved by your filing a divorce action now, or immediately upon her departure from the state. Court orders to have a child returned can be enforced interstate.... Read More
You have two separate questions: Can my current wife take off with my 11 year old son to other state without my consent? Yes. Neither of you need... Read More

What prevents him from taking our son back with him?

Answered 9 years ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
Your decree of paternity/support determines his rights as to parenting time and the tax deduction. No attorney can answer the questions without reading that decree.
Your decree of paternity/support determines his rights as to parenting time and the tax deduction. No attorney can answer the questions without... Read More
Get your child's doctor to tell you this is true and make a note of it in his file. That's all anyone cares about.
Get your child's doctor to tell you this is true and make a note of it in his file. That's all anyone cares about.
Nothing. It's her body, not yours. If you are the father, you will have the opportunity to discover the gender the old fashioned way. You should also talk to an attorney about protecting your rights now for after the baby is born.
Nothing. It's her body, not yours. If you are the father, you will have the opportunity to discover the gender the old fashioned way. You should also... Read More
See a family law attorney who will read your current order and file the appropriate enforcement documents. Yes, you can do something. No, there is nothing you can easily do on your own.
See a family law attorney who will read your current order and file the appropriate enforcement documents. Yes, you can do something. No, there is... Read More
She needs to turn herself in on the warrant. If you can't make the bond, contact a lawyer to help you, though shoplifting cases usually don't have a high bond. A lawyer will always be help you in any criminal matter, so yes you should get one even if no bond is required and she is released on recognizance.... Read More
She needs to turn herself in on the warrant. If you can't make the bond, contact a lawyer to help you, though shoplifting cases usually don't have a... Read More

Is it legal for a 27 year old to date a 17 year old?

Answered 9 years ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
IN Indiana, as long as the 27 is not a teacher, prison guard, or someone with legal authority over the child (like a relative), sexual contact is OK. (you can "date" a 9 year old if you are not touching her or doing anything sexual with her, but I presumed that was NOT what you meant).
IN Indiana, as long as the 27 is not a teacher, prison guard, or someone with legal authority over the child (like a relative), sexual contact is OK.... Read More

Can my husband adopt my daughter without the biological father's consent?

Answered 9 years and a month ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
Yes, your attorney can explain that and get it done, presuming these facts can be proven.
Yes, your attorney can explain that and get it done, presuming these facts can be proven.
Can the father of an unborn child sign over his rights if both parents of the unborn child both agree to it? The father can agree to adoption prior to the child's birth. could the grandparent adopt the child and help the daughter raise the unborn child? No. Not allowed under Indiana law, and just taking away a father's rights without truly giving the baby two PARENTS when doing so is not good for the child.... Read More
Can the father of an unborn child sign over his rights if both parents of the unborn child both agree to it? The father can agree to adoption prior... Read More

What can I do if he doesn't help with anything when it comes to the girls?

Answered 9 years and a month ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
No, you don't have to supply him with everything he needs to exercise his parenting time. Yo u choose to. If he doesn't care properly for the children, you can ask the court to stop the parenting time until he does. Go to your local prosecutor's office, and they can help you with support collection.... Read More
No, you don't have to supply him with everything he needs to exercise his parenting time. Yo u choose to. If he doesn't care properly for the... Read More
You need to sit down with an attorney versed in family law in your community and discuss all the facts to make sure what is best for your daughter in the long run.
You need to sit down with an attorney versed in family law in your community and discuss all the facts to make sure what is best for your daughter in... Read More

What will happen next or what can I do after he refused the paperwork twice?

Answered 9 years and 2 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
Who is "they"? Certified mail is only one way in which service can be made. If you know where he is, it can also be delivered to him personally by a sheriff's deputy.
Who is "they"? Certified mail is only one way in which service can be made. If you know where he is, it can also be delivered to him personally by a... Read More

Does she have to let me have her half the time?

Answered 9 years and 3 months ago by attorney Jay A. Rigdon   |   1 Answer   |  Legal Topics: Child Custody
It is rarely if ever a good idea for children to be in an exact 50/50 situation. This is about what is best for your daughter, not what is "fair" to you. No, you don't "have" to give your daughter's bed up. You need to go sit down and talk to a lawyer about your rights and obligations. You can't afford not to. If you are unemployed and cannot afford a consultation, contact Legal Services in your area.... Read More
It is rarely if ever a good idea for children to be in an exact 50/50 situation. This is about what is best for your daughter, not what is "fair" to... Read More

Myself and the father are separating and we have a 2 year old son, what steps do I need to take to get sole custody?

Answered 9 years and 3 months ago by Susan Kozlowski (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You must establish paternity in a court of law, and a petition needs to be filed in the county where you live.  Paternity will be officially established, child support determined, and custody and parenting time will be established.    This is complicated,  and an attorney is advisable.  The determinations that are made at the first court sessions are extremely important, and are sometimes difficult to un-do at a later date.  The Court will make its decisions based on best interests of the child.  You will be able to explain to the judge what you believe to be the deficiencies in the parenting skills of the father.   There are two types of custody in Indiana - legal and physical.  Legal is whether the parents share in the decision making regarding the major aspects of the child's life:  religion, education, and medical.  Physical is where the child spends mosts nights.  You are smart in getting this established early on.   Good luck.   ... Read More
You must establish paternity in a court of law, and a petition needs to be filed in the county where you live.  Paternity will be officially... Read More