Indiana Family Legal Questions

No but refrain from doing so. I have seen the court get very upset with texts that contain profanity, name calling, etc and things do not go well in court for the person generating those texts. I always tell my clients that they should write texts and e-mails knowing that those texts or e-mails can end up as court exhibits.... Read More

This question gets asked quite a bit.  The reality is that a child can only choose to not visit once they are an adult.  Indiana Parenting Time Guidelines discuss the reality that both parents need to make an adjustment with a teenager, but the Guidelines always stress the need for regular visitation.  ... Read More

There is a common misconception that people can just sign 'their rights away' to a child.  I am not certain where this comes from, but under our modern legal system, parents have always had the responsibility to support their children.  He may choose to not have any visits or invovlement with the child, but he cannot just unilaterally decide he is no longer going to support the child.  Indiana requires that someone (typically a steparent) step up to the plate to be ready to adopt the child in order for a natural parents responsibilities to be terminated.  Any family law attorney will be able to help you with handling this matter.... Read More

I'm an attorney in Florida and am not familiar with the laws in Indiana.  I recommend that you research the Indiana statutes to see if Bigamy is illegal in your state.  In Florida it is illegal to marry someone who is already married in the state of Florida. That is called Bigamy.  You can refer to the Florida Statute at the following link for more information: http://www.flsenate.gov/Laws/Statutes/2011/826.01 Florida Statute 826.01 Bigamy; punishment.—Whoever, having a husband or wife living, marries another person shall, except in the cases mentioned in s. 826.02, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. He needs to first obtain a Final Judgment of Dissolution of Marriage from the court dissolving his marriage from his current wife.  You can marry him thereafter.   ... Read More

It sounds like your friend has custody of the child without a court order.  Essentially he needs to modify custody so that the court knows that he has custody of the child and then child support will be adjusted appropriately.  This is a situation where I highly recommends that he talks to an attorney because he is dealing with a situation where the arrears could be handled by the custody determination. ... Read More

It appears that there are some facts that would make asking for supervised visitation reasonable.  You would need to file for a Modification of Parenting Time in order to get limited or supervised visitation put in place.  You should consult with an attorney about how the case should be presented. ... Read More

What likely happened is that your fiance was defaulted when it came to paternity and child support.  This means that he had proper notice of the hearing to establish paternity and child support, but then did not appear for the hearing.  If that is the case he likely has built up a child support arrearage without knowing the specifics of his order or case. ... Read More

Many pro se employees attempt to file for emancipation on their own and are pretty successful.  The Indiana Supreme Court has prepared a number of forms that can assist you with certain pro se filings, including emancipation.  Just "Google" - Indiana self help legal center and you should get to the website that provides directions and forms. ... Read More

If you received a subpoena you must attend or consult with an attorney who can arrange for a teleconference.  If you received a Notice of Hearing, then if you don't show the Court will make decisions in your absence.  You probably should consult with an attorney in Indiana first to understand what rights you have.... Read More

Generally, both parents have to sign for the passport for the child to be able to travel abroad.  Did you anything like that?  Most of the time, parents in a joint custody situation have to usually agree before the child will be allowed to get a passport and travel abroad.  A court can make the decision if it is requested.... Read More

If Male A is on the birth certificate then that could have happened in one of two ways, either the parents were married or the parents signed a paternity affidavit acknowledging that Male A is the father of the child.  That being said, Male C can file a paternity action (actually so can the mother) and name Male A as a party to the lawsuit.  Once paternity is established in Male C then Male C's name will be added to the birth certificate. ... Read More

Given the age of the question, I would hope your lawyer has withdraw by now.  I know in cases that I have withdrawn from in the past, I like to file my Motion to Withdraw within the same day because of the reason you stated above.  The Indiana Rules of Professional Conduct require that a lawyer withdraw if the client has terminated the relationship.... Read More