Indiana Family Legal Questions

There are several things you can do to find the best lawyer for you, besides looking on Google: 1.  Ask trust friends and family who they used or who someone they know used, liked and trusted. 2.  Contact the local bar association and see if they have a referral service and get at least 3 attorney names to contact and interview. 3.  Interview more than one lawyer through their initial consultation process. 4.  Look up the attorney's credentials on LinkedIn and check the Supreme Court's disciplinary commission site to see if they've had any discipline in the past and what for. 5.  Go to the courthouse and watch attorneys in the courtroom.  I've gotten more than a few cases by having someone come up to me after a hearing and asking for a consultation because they saw me represent a client in court. 6.  When doing onine research, look for number of years in practice, if they do only family law and specialization credentials like "certified family law specialist".  Additional qualifications like a registered mediator, collaboratively trained lawyer, and/or guardian ad litem/GAL/CASA will tell you they have skills related to family law and finding solutions outside of court. 7.  Trust your gut.  Even the "best" lawyer in someone else's opinion may not be the lawyer for you.  Every lawyer has their own style and you may want different things than the person who recommended the lawyer wanted.  If it does not feel right, move on.   Good luck!... Read More

You can fire your counsel at any time.  However, before doing that I would suggest requesting a call be set for a certain time and date to discuss your concerns with your attorney and how you both can resolve them to your mutual satisfaction.  Then, even if you decide to part ways, there is a "game plan" about how to conclude your business with your current counsel.  S/he may even be able to suggest alternate counsel.  Be sure to get a copy of your file for your new lawyer and also get any original documents from your current counsel.  Pay your bill and request a refund of any unused retainer.   It is important to hire the attorney that you feel the most comfortable with, and if you've lost faith in your current attorney then you two should part on the best terms possible so you can move on.  Sometimes things happen and hopefully your counsel will be candid with you about answering your concerns.   If you are changing counsel, your counsel may request a continuance of your hearing to give your new attorney time to prepare.  Judges want an orderly progression of your case, so they may be open to giving you more time if it means both parties have lawyers to help them present their matter.  Good luck.... Read More

There is a lot here.  Since you are never-married parents, you should look to the paternity statutes to see the presumptive rights and obligations both of you have.  It would also be helpful for both of you to review the Indiana Parenting Time Guidelines.  Hopefully a review of those will center both of you to the best interests of your child rather than arguing between the two of you.   If there is no Court Order, then the only way to obtain enforcable "rules" about your parnting plan is to file a case and request a Judge enter an Order for custody, parenting time, and child support.  The Court will enter an order for these things if you two do not agree, and the Judge's standard is "the child's best interests".  Matters of school and getting to and from there on time with their work done and ready to learn will be a top prioirity.  The IPTGs have a section on transportation. Dad may not be able to hear it from you because he's too angry,  but the reality is that things DO change - kids go to school, get friends, participate in sports - all of those things taking time away from Mom and Dad.  That's life.  Your pareting plan must change with the needs of your child  -  period.  You both will be better off working togehter to figure out how both of you can get as much of the remaining precious time with your child as you can rather than fighting.  If you don't trust each other, file an Agreement with the Court for parenting time to ensure there are enforceable "rules" for the both of you, and understand that this agreement or Order can and should change when your child's needs change.  Good luck.... Read More

If you are married, there is no prohibition at all for either of you to travel with your child, at least within the U.S.  Both of you have an equal right to child access.  If Dad took the child on vacation, obviously he's coming back, but your message sounds like you are concerned he is not going to return. If that is the case, then you may want to consider filing for a legal separation or dissolution of marriage.  You will want to consult provision of the Uniform Child Custody Jurisdiction Act (UCCJA) in the Indiana Code.  A review of those statutes will show that if you wait too long there may be a problem with Indiana being found to be the child's "home state" for jurisdiction purposes.   Portions of the relocation statute also may come into play if Dad's move to Florida is permanent. There is nothing in your message about Dad taking the child's passport or being a flight risk, but if that is an issue, you will want to consult a local attorney ASAP to request an immeidate hearing on the issue of custody.... Read More

Requests for "findings" are usually made when one expects a case to be appealed.  An appeal is a request to the Court of Appeals to issue an opinion based upon errors of law and/or erroneous findings of a Court.  Therefore, the Court of Appeals does not reweigh evidence - it looks to the Orders of the trial court to see if there are any errors of law or fact that would warrant a chnage to those Orders. The request for Findings means that the Judge will issue more specific orders, taking more time to explain their decisions based upon the evidence.  If no such request is made, a Judge usually issues a more general order with less detailed explanations or references to statutes and case law, although a Judge may choose to issue those detailed Orders even if no one asks for Findings.   If you are represented by an attorney it is important to discuss with them what findings you are going to request be made.  The Judge usually requests each party submit Proposed Findings a specific amount of days after the conclusion of evidence, so it is important to start this work before the trial in order to make sure you have the proposal you wish to submit ready on time.  It is also important to take really good notes during the trial so you can properly refer to evidence presented at the hearing in your Proposed Findings.  ... Read More

If you have custody of a child in Indiana, you must comply with the relocation statute:  Indiana Code 31-17-2.2 for parents and 3101705 for grandparents with visitation rights.  Requirements include specific timelines for notice to the other parent and the specific items you need to incude in your notice.  The  notice also should be filed with the Court.  When you read the statute, you will note that the other parent has a time period in which to respond/object.  Either of you can request the Court modify the parenting plan.   Failure to file proper notice may subject you to orders to return the child to the state or other consequences depending upon the circumstances and what the other parent chooses to do about the move without notice.  Some of those are also outlined in the statute.  A history of not spending time wiith the child does not exempt you from the notice requirement.  I suggest contacting an attorney to assist in properly filing the notice.... Read More

Joshua: If you do not have a pending dissolution case, then either parent can have custody and within reason do as they see fit with regard to children of the marriage.  If you have a dissolution action pending, then the best way to get a set of "rules" addressing proper co-parenting is to request a provisional hearing with the Court for a temporary paenting time order.  The Court will issue an order they find is in the best interests of the children.  Once issued, both parents must follow the "rules" set by the Judge until and unless they are modified.  Whatever you do, do not make it worse for the kids by engaging in inappropriate behavior in front of them.  Also, I would suggest reading the Indiana Parenting Time Guidelines to begin to learn what a Court will expect of both parents moving forward in a dissolution case.  ... Read More

Indiana paternity law is found in Indiana Code 31-14-5 - you can Google the statutes applicable to your situaition.  Also applicalbe is the Uniform Child Custody Jurisdiction Act.  Based on your report, Indiana is the proper state for jurisdiction.  Absent an adoption (which you must notice Father about), Dad will be able to attempt to establish paternity of this child for many years.  He can establish enforceable rights and obligations with respect to the child if he is the biological father.  Right now he has presumptive rights as described in the stattues.  A history of domestic violence is relavent to any determination of child access; however, the best interests of the child controls.  Child support will also be established.  If you have received state or federal benefits for the child, the local Prosecutor's Office may also choose to seek child support on behalf of the child.  They will contact you if that becomes the case.  I iwould strongly suggest contacting an attorney to further discuss your options.... Read More

There is a lot more informaiton needed to respond in detail to this question, but it sounds like you consented to a guardianship of your child/children.  If you no longer agree to the guardianship, you can request the guardianship be terminated by making a request to the Court in which the guardianship was filed in.  If there was a previous paternity or dissolution case, there may be other options as well.  In any case, you need to obtain any existing Guardianship Order to determine who has legal custody and if you have parenting time or have been ordered to pay child support.  ... Read More

Without having the courts involved, both parents have equal rights. If parents don't live together and custody of the child is of concern, when one or both parents wants to have the child, is when a custody order from the court will needs to be established to ensure the safety and well being of the child. If both parents are cooperative and on speakin terms, than involving the court shouldn't be necessary. Otherwise getting the court involved is in the best interest to avoid future problems. A child custody lawyer costs anywhere from $2,500 to $5,000.00 If you are working with a low budget than representing yourself in court may also be a possibility. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read More

What you need is medical records such as a failed drug test, evidence of the guy criminal record and with that information demonstrate to the court the best interest of the child is to be with you. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read More

Thank You for posting your question, Josie. How long is your no driving restriction?  You can certainly ask your ex to bring the child for you during your injury, your ex can be really spitefull and refuse. In which case, you will have to ask the court to make that change and or just wait till your leg/foot heals to be driving again. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

No such thing. A power of attorney expires when the person who granted it, meaning the person whose powers are being exercised, revokes it. An order of guardianship can ONLY be given by a judge, and it lasts as long as the order says it lasts, and if there is no date given, until the judge modifies it or the person whose powers have been taken away dies.... Read More

The law in Indiana requires a relocating parent to file a notice of relocation before they move, with specific information in it.   If the other parent files an objection then the Court will set it for a hearing.  There is not enough information here to guess what the outcome of that hearing might be.  However, you would be well advised to hire an attorney in your county to assist you with doing this properly.  Some Court will deny the petition to relocate if it was not filed in accordance with the statutory requirements,          ... Read More

Travel out of state in and of itself is not illegal.  Each parent has a right to travel with the child, unless a court order specifies otherwise.  It sounds like you have some concerns that you did not articulate in the question, so you might want to contact an attorney.  Good luck. ... Read More

Not necessarily.  The first thing you want to examine is the existing court order, which may have specific details pertaining to transportation.   The court will always consider the best interest of the child.    If it's important for the child to see the parent with no  driver's license, the court may order one parent to do all the transportation, if it's convenient.   Or, the court might say it's the responsibility of each parent to figure out the transportation - get family or friend to drive, for example.  You may not like that option, depending on which driver is chosen. ... Read More

You have a very difficult situation.  I am not sure what you meant by someone requesting money from you.  I would need more details about the request for money for your daughter.  If the problem is that your daughter is making bad choices, she is 18 years old and has the ability to make both good and bad choices.  If you believe that someone is holding her against her will, then I would encourage you to involve the police.  If she is being coerced or threatened, then the police may intervene.  However, if she repeats that she is there of her own free will, it is unlikely that the police would do anything.  You do have the option of asking the police to do a welfare check, but there is nothing that can be done if she is 18 years old and chooses the situation she is in.... Read More

It appears that you are still legally married to husband #1 if you have already confirmed with the AZ clerk that this license is valid. I would certainly question why you were told otherwise!  Your marriage to husband #2 is likely void.  You should contact an attorney in AZ and file for divorce - or maybe husband #1 will take care of filing and it can be done in a cooperative manner.  Once that divorce is granted, you should remarry husband #2 - if you want to!... Read More