Legal advice in Indiana (Family Law)

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IN Legal QuestionGive up parental rights, and allow adoption, will I still have to pay CS
Child Support
I'm the non-custodial parent. I'm unemployed, and medically ill. The custodial parent wants me out of the childs life. I havent seen the child in 5 years. I have paid child support ever since. Me and the custodial parent have both agreed upon for me to relinquish my parental rights, and for her mother to adopt her. Will this end my child support? I live in Indiana, but she has since moved to Oregon.

IN Legal QuestionI went to court Pro Se
Child Support
I went to court pro se. I messed up. I didn't get the child support work sheet turned in. The judge made an error. I went and hired an attorney and asked for a correction and he said that it was my fault and denied my motion. Also stated that my husband pays for my daughter insurance and that it is a gift just out of the blue. Why is it a gift?


Do I have any recourse now or just suffer? I really dont have the money for any of this? What can I do?

IN Legal QuestionIndiana - marital property
Divorce, Separation & Annulment
I inherited my mother's home in 1998 and I married in 2002. My wife and I have lived in this house and only my name is on the deed. There was no mortgage until I borrowed $10,000 this year to cover my wife's credit card debts - believe it or not, she has spent almost $20,000 on psychics, past life regressions, talking to the dead, etc, etc, etc.
Now things are not going very well for us and I find conflicting information on the internet as to the division of marital property in Indiana.
One site says assets inherited before marriage are not marital property. Another site states that the judge in Indiana may decide the home is marital property.
Can someone give me an accurate definition of marital property as it relates to Indiana?
Thank you very much.

IN Legal QuestionProperty/marriage, etc...
Marriage, Domestic Partnerships and Other Family Law Matters
My wife and I are not LEGALLY separated but we agreed back in March that we should separate.
We both mutually agreed that I am the one that move out. So I did. Now I am wanting to come back home and I am getting resistance. We both say we do not want a divorce.
We are both unemployed, I lost my job back in April due to downsizing, and financially we cant afford for us to be in separate locations, Mortgage and rent.
The house mortgage is in my name, she is not on the mortgage...only the Property tax.
I am the only one that signed all the papers at the closing AND refinance (Jan 09).
Is there anything that can stop me from moving back into my own house. I still have stuff in the house, keys, garage remote, etc...

IN Legal QuestionTo Wed Or Not
Marriage, Domestic Partnerships and Other Family Law Matters
Hi,

I lost my job of ten years to the economy. I had excellent health insurance. We had set a wedding date for later this year and had the bridal shower before this happened.

The soon to be bride requires some medication that is costly, and is on medicade and medicare. She does not make much money so they help her with the costs. I work odd jobs or whatever I can find. If we marry they would combine our income and she could possibly lose her coverage due to an income increase. I can barely make enough right now to keep the house so I cant pay for coverage out of pocket.

The church is already booked, the photographer, etc. Right now its either go with it or cancel everything. Parents will pay for the wedding.

My priest said he might be able to marry us according to the church so we can do everything. He then said we can file the papers with the state at another date after I get another stable job. However, when filed with the state this would be our actual legal marriage date, until then it is marriage by the church only.

This seems okay to me, but seems a little fishy. Is this legal, and okay to do?

I have waited so long to be married, I hate to cancel it!

IN Legal QuestionFathers rights in Indiana?
Child Custody & Visitation
My son 24Years old and his girlfriend 23 Years old...
Are having a baby. Not married not living together..
Long story short her parents are extremely controlling. They are letting them both see each other.. But refuse to let their daughter (whois an adult) make up her own mind.. They seem to have apower over her.. Or she is just brain washed,, or too weak to resist...
They first told her she was getting an abortion. Only after recieving death threats within hours of their daughter telling all her friends via text message did they decide to let her carry it to term. DUE 9-27-09
They told her and everyone else she will give it up for adoption...
Now they are saying she must remain living with them and let her have 6 months to prove she can raise a child if not to their satisfaction, they will make her give it away....

Weird I know...

They know our son has a good full time job and we believe together they can raise this baby with no worse hardship then when we had our first child.. Yes everything costs money and is hard work.. they both want to raise their own baby... But her parents have some how convinced her she MUST do as they say..

As a father What rights does he have should they MAKE? here give it up...
Can we or our son sue for custody...

???? What options do we have???




We want to know and have access to our grandson.. We also know if they give it away we will never see it...

Even if they wait 6 months... That will only tramatize everyone involved...
Sounds like something could be done..

No idea what to do to the girl that is so intiomidated by her parents that she will not stand up to them.. But that may be another story...

Thanks for your time..

With all the dead beat dads out there.. And one here wanting to do the right thing something should be able to be done..

Jerry

IN Legal QuestionWhat rights will we have?
Grandparentís Rights
My son 24Years old and his girlfriend 23 Years old...
Are having a baby. Not married not living together..
Long story short her parents are extremely controlling. They are letting them both see each other.. But refuse to let their daughter (whois an adult) make up her own mind.. They seem to have apower over her.. Or she is just brain washed,, or too weak to resist...
They first told her she was getting an abortion. Only after recieving death threats within hours of their daughter telling all her friends via text message did they decide to let her carry it to term. DUE 9-27-09
They told her and everyone else she will give it up for adoption...
Now they are saying she must remain living with them and let her have 6 months to prove she can raise a child if not to their satisfaction, they will make her give it away....

Weird I know...

They know our son has a good full time job and we believe together they can raise this baby with no worse hardship then when we had our first child.. Yes everything costs money and is hard work.. they both want to raise their own baby... But her parents have some how convinced her she MUST do as they say..

As Grandparents.. What rights do we have should they MAKE? here give it up...
Can we or our son sue for custody...

???? What options do we have???




We want to know and have access to our grandson.. We also know if they give it away we will never see it...

Even if they wait 6 months... That will only tramatize everyone involved...
Sounds like something could be done..

No idea what to do to the girl that is so intiomidated by her parents that she will not stand up to them.. But that may be another story...

Thanks for your time..

Jerry

IN Legal QuestionShould I take ex back to court
Child Support
My ex husband and I have been divorced for almost 11 yrs. At the time of divorce I was unemployed and he was making about half of what he is now. The amount he was paying was not a problem. over the 11 yrs. I have went to school and got a pretty good job. At the present time my ex and I are making about the same amount of money. Maybe a couple dollars an hour difference but not much. He pays his child support but that is it. He will not help with school books, clothing, sports.. NOTHING else. He now is remarried and is raising an infant. I need more help with our son. I can't afford everything on my own any longer even with the child support because it wasn't much to begin with. I want to take him back to court to get more money but my fear is that they may take some away instead of giving me more because of us making close to the same amount in wages. Is this possible? Or will they give me more considering he pays for nothing else but the support and he is making more money now? How does this work? Any help would be appreciated! ThanksWhat is the name of your state (only U.S. law)?

IN Legal QuestionVisitation?
Child Custody & Visitation
Im am going through a bad divorce and am seperated from my wife and have been for a while now.She is not letting me see my son and and wont till the divorce is over, she told me not to come around or contact her.So far i have missed out on spending the 4th of july with him and his 2nd b-day both of which were days i was supposed to get him according to the court papers we had drawn up for the divorce.Now i have talked to the police and my lawyer about this and they both said she cannot keep him from me or keep me from seeing him, but neither will help me or do anything about it.The police are just a joke and my lawyer wants me to finish paying off my bill +$500 for another retainer fee and i cant afford anymore money right now .Is there a way i can go to the courts without an attorny and get some type of visitation set up untill my divorce is final, please i really need some help with this one. thx!!!!!!

IN Legal QuestionUsage
Marriage, Domestic Partnerships and Other Family Law Matters
OK HERE GOES
I HAVE LIVED WITH A MAN FOR 14+ YEARS WE BOUGHT A HOUSE TOGETHER
WE ARE NOW PARTING WAYS

HE HAS NOW FORBIDDEN ME FROM USING THE WASHER,DRYER AND THE REFRIG..WHICH HE DID PURCHASE--THE REFRIG WAS THERE FROM THE OLD PEOPLE --HE BOUGHT IT FROM THEM--THE WASHER DRYER HE BOUGHT WHEN I SOLD MINE....WHICH THE MONEY WENT INTO THE HOUSEHOLD ACCOUNT

THE DRYER I HAVE FIXED AND PAID FOR MYSELF

SO DOES HE HAVE THE RIGHT NOW THAT WE ARE BREAKING UP TO FORBID ME FROM USING THESE ITEMS?

IN Legal Questiondivorce with disabled adult dependent involved
Child Custody & Visitation
What is the name of your state (only U.S. law)?Indiana, I am currently going through and divorce and filed one year ago. We have an adult with disabilities and my question is how does the visitation work with her? Is my soon to be ex husband responsible for her any differently than if she were say, 5 years old?

IN Legal QuestionFather doesnt want to return my kidz to me?
Child Custody & Visitation
The father of my 3 children has ordered to pay child support since 2005. Not only he doesnt pay it, but he hasnt talked to the kidz or seen then for over 3 yrs. On June 09, I sent the kidz to my mother for summmer vacations to California. I was called on Saturday morning that he took the kids and doesnt want to give them back to me. I have legal documents stading that I have physical custody of them. What can I do?What is the name of your state (only U.S. law)?

IN Legal QuestionGrandparents custody and state aid
Child Custody & Visitation
We are taking over custody of our 4 yr old grandaughter. Do we qualify for any help from the state? We make around $40 grand annually. She is going on our insurance, but we have no dental at all...

Thanks!

IN Legal QuestionPaternity/Adoption
Child Custody & Visitation
Indiana

We are confused about some things and hoping you can be of some help. My boyfriend is torn on what to do. He was married before and had two children. He divorced after finding his wife had cheated all along.. and in the process had paternity tests done and found the oldest is not his. So paternity tests prove it. But he is on the birth certificate. His ex thinks he needs to adopt him. Is this true? He took him off of his insurance when he found this out, but was that necessary? He still takes full responsibility for the child. They share custody. The childs real father is not in the picture. So our question is, since he's on the birth certificate, does he still need to adopt him?? or not?? The child has my boyfriends name and everything.. He has raised him. Any help would be awesome!! Thank you so much!!

IN Legal Questiongrounds for custody of children
Divorce, Separation & Annulment
Indiana
im on social security disability cause im bipolar and im on meds and also see a therapist my husband doesnt work and he is sons payee for his social security now is my mental status grounds for him to get custody in court ?

IN Legal QuestionMy rights
Alimony & Spousal Support
My daughter's husband just told her that he is going to get a divorce.
May of 2008 she was in an accident and lost her arm. He refused to go to the hospital, he refused to take care of her for the past 15 months. She has been living with me for the past 15 months. I have been getting her to all of appointments. Her husband has not offered one cent toward her care. She has not been able to work. We have been trying to get her disability. They have been married for 3.5 years. They have absolutely nothing. Can she get
spousal support?

IN Legal QuestionLikelihood of obtaining custody of my 16 year old son
Child Custody & Visitation
My son lives with his father in Indiana, he is 16 years old and wishes to live with me. His father refuses to discuss the issue with me, and even his attorney cannot locate him?!? I would like to to bring my son to live with me, but his father has full custody, and I live in Ohio. How much weight is given to the wishes of the child? Given his age, does he not have the right to choose which parent he lives with? Thanks for your help...

IN Legal QuestionNeed information quickly
Divorce, Separation & Annulment
Firstly, does a man forfit his rights to custody of his children if he assults his wife and is arrested on these charges, pictures taken of the marks? If not than further more. Would an online relationship come into effect in court during the custody trials?

IN Legal QuestionEmergency Hearing
Child Custody & Visitation
Location: Portage, IN



I have been going through an on going custody battle. Although custody has already been determined my ex-husband is bringing to court regarding allegations of abuse of a minor child.

The evidence he has shown is as follows:

Early in the custody evaluation the court appointed a marriage councilor, and this Dr has believed everything my ex-husband has said. ( It is to be my personal opinion that this Dr. is in favor of either men, or the fact that my ex-husband has completed college. Also, the fact that I have decided to stay at home with my children, I believe, is being held against me. ) This Dr. has said that it is his opinion that the minor child is being psychologically and physically abused.

The evidence that I will provide is as follows:

I have two reports from the Indiana Department of Child Services that show the allegations of child abuse to be unsubstantiated. Also, one of the Child Services employees has made me aware that he is willing to testify on my behalf.

There is one more thing that I wanted to make you aware of, and that is that my ex-husband has just tried to take my minor child away from me not even one month prior. This motion was denied. The reason I believe this particular attempt was accepted into court is because of abuse being brought up. Finally, I have found out that my ex-husband is seeking full custody of the minor child. My ex-husband is employed full-time, and his idea of a solution is to place the child in day care.

Any advice would be helpful, and appreciated.

IN Legal Questionneed advice
Child Custody & Visitation
i live in NJ, my exwife lives in indiana she has custody of our 17 yr old daughter, i have her for the summer and she does not want to go home she wants to live with me her 3 sisters and my current wife of 11 years. there has been a string of bad things happening to my daughter over the last ocuple years she has had bouts of deppression and has cut and burned herself while at her mothers her school is not a good school her friends are into real bad things ie (drugs achohol, underage sex ) my daughter has petitioned the court to stay here but her mother went crazy and told her if she didnt come home when the order says that i will go to jail for non custodial parent kidnapping and that she would get probation till she is 18. now i have my daughter in to cousiling and her counsiler is wrighting a letter to help support her decision to stay with us. is there any way my ex can do this to us if i dont send her home?

IN Legal Questionhusband walked out
Divorce, Separation & Annulment
My husband left me without explanation (taking our sole vehicle) and moved into his parents house. I stayed in the house we were "renting" from his parents. (we were under a land contract beholden to them) He took all the money, as well. I am not from Indiana and had no friends or family that could assist me. (this is what him and his parents were counting on) He says he stopped paying his parents the rent on our house. (which is a ridiculous lie) This enabled his parents to file a suit to have me evicted from the premises. I agreed to leave by a certain date and they still took me to court because it was not soon enough for them. (they lost and were berated by the judge for filing the case in the first place) Anyway, the day I left they moved my husband and their other son right back in. (which I knew was their intent all along) Problem is, they had to name me AND their son in the eviction and default lawsuit and now they want me to sign over a quit claim deed in exchange for them dropping the lawsuit. I do not believe they had the right to file such a suit to begin with. I do not think they would win if they went to court. My divorce lawyer thinks I should sign the papers just to get it over with. At the very least I want them to pay the attorney fees I had to incur for representation in a case I believe has no merit. My ex had an income and was living rent free at his parents. Was he not obligated to pay the rent on our house? How can it be legal for him to default on purpose?

IN Legal QuestionEx refusing court ordered parenting time
Child Custody & Visitation
Live in Indiana

Ex took the kids over 14 weeks ago. Says the oldest daughter 16 does not want to come back so she is keeping them. 9 Year old
daughter wants to come back but says mom isn't allowing her to. We have joint legal and physical custody. My attorney will not do
anything to help me police say there is nothing they can do. I am at my wits end and have no idea what to do.

Within this time I have missed my oldest daughter's 16th birthday and also my easter with the girls

IN Legal QuestionText Message
Divorce, Separation & Annulment
I would like to get text messages from my spouses cell phone inorder to determine if I file for divorce. Can I get an attorney just to request the information from the cell phone company without filing for a divorce? The results will determine if I file or not.What is the name of your state (only U.S. law)?

IN Legal QuestionIntra-family Adoption
Adoption
The mother lives in Texas and I live in Indiana. My sister has agreed to donate an egg and allow me to send her sperm purchased from a sperm bank. Since we won't know who the father is, clearly the father cannot sign away his rights, and we don't want to declare that she was artificially inseminated for insurance reasons. What do I do to address this issue? I presume that we initiate adoption proceedings in Texas since that is where she lives but since I can take the baby to IN with me once he/she is born, can I initiate adoption proceedings in IN instead? Lastly, where do I get information so that we can handle the adoption ourselves?

IN Legal Question21-year old forced out house for no reason?
Domestic Violence & Abuse
I'm from Indiana. my question is, Can parents kick out a 21-year old out of the house because they choose to for no reason and if the 21-year old refuses, can the police be called and grants the parents request to take them away?

IN Legal QuestionSick children and visitation
Child Custody & Visitation
This isn't a legal matter and I have no intention of making it one but I would like some objective advice on the matter. My twin 14 y/o daughters have had a viral infection Molluscum Contagion (sp?). Per WebMD this virus is in the Chicken Pox family and can last up to 2 years but usually clears within 6-9months.

My Ex has never said anything in regards to this virus. We found out about it yesterday. While swimming I noticed red bumps all over my daughters legs. I realize that it is not life-threatening but it does spread through direct contact. I have two younger children and I really feel that my ex should have at least told me to make sure that there is no direct contact between the kids or anyone else for that matter. I would like to bring this up with her for future reference but I have a feeling she'll be on the defensive immediately. What would anyone advise? Thanks in advance.

IN Legal QuestionNeed to know if I can get Grandparent's rights?
Child Custody & Visitation
Indiana

My son and his wife are currently going through a divorce. It was started in January, 2009, when my son was arrested and charged with neglect of a dependent (my grandson). Shortly after, his wife put the divorce on hold. She went back to her attorney a few months ago to restart the divorce process. Her attorney failed to mail the papers to the jail, so 7 months from the start of it, they are still not divorced.

I went to her attorney's office to get a copy of the divorce papers. Her attorney said that either he could sign, or I could sign since I am his POA. She didn't seem at all concerned that 7 months have passed. Reading over the papers, it is not accurate. I plan on addressing this with her attorney when I take the papers back in.

While he is in jail, I try to contact the mother hoping she will let me see my grandson. She allowed monthly visits with me at her apartment until now. She recently became very verbal against me. I saw him a month ago at the park, while being supervised by her. I am fine with this. I just want to see him. (He is now 9 months old.) I ask her every couple of weeks when will it be convenient for her to let me see him. She suddenly says that she will have me arrested for harrassment. She says that she doesn't trust me and doesn't want me to see my grandson. She will just update me by phone.

I am beside myself. I want to pursue my grandparent's rights. What are my options? Should I address my rights before or after the divorce is final?

Please help me.What is the name of your state (only U.S. law)?

IN Legal QuestionHouse Payment
Divorce, Separation & Annulment
What is the name of your state (only U.S. law)? indiana If i am divorced and splitting the house payment with my ex as it states in our divorce degree, until the house sales. If I have another person living with me, do we have to split the house payment 3 ways?