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Would hiring an attorney make a difference in this circumstance?

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jahueston10

Junior Member
(Indiana Law). My husband has joint custody of his children. His ex moved to Ohio a few months ago without his permission, or permission of the courts, with the kids. She is now refusing to meet half way for visitation, and expects us to do all the driving. My husband wrote a letter to the judge, and he denied a hearing, and was told to seek advice from legal counsel.

Problem #2. She sent their children to live with us for 2 months. We have evidence of this including a notarized document stating she was sending them to us. During this time, she recieved child support. Could we sue her in civil court to have the child support refunded?

What can be done about requesting her to provide all transportation for visitations since she moved out of state?

Would hiring an attorney make a difference? The judge usually doesn't even allow my husband to speak in court, which, in my opinion, isn't following due process of the law. We are low income, and can't afford an attorney unless we actually have a case against her and could have things changed in court.
 


Proserpina

Senior Member
(Indiana Law). My husband has joint custody of his children. His ex moved to Ohio a few months ago without his permission, or permission of the courts, with the kids. She is now refusing to meet half way for visitation, and expects us to do all the driving. My husband wrote a letter to the judge, and he denied a hearing, and was told to seek advice from legal counsel.

That's because your husband sent a letter, and didn't file a motion. The judge had no choice.


Problem #2. She sent their children to live with us for 2 months. We have evidence of this including a notarized document stating she was sending them to us. During this time, she recieved child support. Could we sue her in civil court to have the child support refunded?
Not a single chance.


What can be done about requesting her to provide all transportation for visitations since she moved out of state?

Your husband can do that, yes.

Would hiring an attorney make a difference? The judge usually doesn't even allow my husband to speak in court, which, in my opinion, isn't following due process of the law.

You're obviously not too familiar with the law ;)

It sounds like your husband is way out of his depth, and for that reason alone, he needs an attorney.


We are low income, and can't afford an attorney unless we actually have a case against her and could have things changed in court.
Have your husband sign up, if you would?

There are some questions, and he'll be the best person to answer those questions.
 
She is in contempt of the law sighted below she is to give a 90 intent to move in the state of Indiana. As far as the child support goes That would have to be heard in the court that ordered it. I would think this would be worth getting an attorney over to clean up the mess she has made and you can ask for her to pay for the attorney fees as well. Below are some links for legal aide in Indiana and the Self service legal sight with the forms ect to represent yourself just have to do your home work. Get this rolling asap!
Try these resources....
courts.IN.gov: Court Forms
courts.IN.gov: Getting Legal Help
Indiana Legal Services


Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 31-17-2.2
Chapter 2.2. Relocation

IC 31-17-2.2-1
Notice of intent to move residence; modifying orders; attorney's fees
Sec. 1. (a) A relocating individual must file a notice of the intent to move with the clerk of the court that:
(1) issued the custody order or parenting time order; or
(2) if subdivision (1) does not apply, has jurisdiction over the legal proceedings concerning the custody of or parenting time with a child;
and send a copy of the notice to any nonrelocating individual.
(b) Upon motion of a party, the court shall set the matter for a hearing to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order. The court shall take into account the following in determining whether to modify a custody order, parenting time order, grandparent visitation order, or child support order:
(1) The distance involved in the proposed change of residence.
(2) The hardship and expense involved for the nonrelocating individual to exercise parenting time or grandparent visitation.
(3) The feasibility of preserving the relationship between the nonrelocating individual and the child through suitable parenting time and grandparent visitation arrangements, including consideration of the financial circumstances of the parties.
(4) Whether there is an established pattern of conduct by the relocating individual, including actions by the relocating individual to either promote or thwart a nonrelocating individual's contact with the child.
(5) The reasons provided by the:
(A) relocating individual for seeking relocation; and
(B) nonrelocating parent for opposing the relocation of the child.
(6) Other factors affecting the best interest of the child.
(c) The court may award reasonable attorney's fees for a motion filed under this section in accordance with IC 31-15-10.
As added by P.L.50-2006, SEC.7.

IC 31-17-2.2-2
Initial custody determination
Sec. 2. (a) If a party provides notice of relocation at an initial hearing to determine custody, the court may consider the factors set forth in this chapter in the court's initial custody determination.
(b) The court may consider a proposed relocation of a child as a factor in determining whether to modify a custody order, parenting time order, grandparent visitation order, or child support order.
As added by P.L.50-2006, SEC.7.
IC 31-17-2.2-3
Notice; information requirements
Sec. 3. (a) Except as provided in section 4 of this chapter, an individual required to file a notice under IC 31-14-13-10 or section 1 of this chapter must:
(1) send the notice to each nonrelocating individual:
(A) by registered or certified mail; and
(B) not later than ninety (90) days before the date that the relocating individual intends to move; and
(2) provide the following information in the notice:
(A) The intended new residence, including the:
(i) address; and
(ii) mailing address of the relocating individual, if the mailing address is different than the address under item (i).
(B) The home telephone number of the new residence.
(C) Any other applicable telephone number for the relocating individual.
(D) The date that the relocating individual intends to move.
(E) A brief statement of the specific reasons for the proposed relocation of the child.
(F) A proposal for a revised schedule of parenting time or grandparent visitation with the child.
(G) A statement that a parent must file an objection to the relocation of the child with the court not later than sixty (60) days after receipt of the notice.
(H) A statement that a nonrelocating individual may file a petition to modify a custody order, parenting time order, grandparent visitation order, or child support order.
(b) Except as provided in section 4 of this chapter, if the relocating individual is unable to provide the information required under subsection (a)(2) not later than ninety (90) days before the relocating individual intends to move, the relocating individual shall provide the information in the manner required under subsection (a) not later than ten (10) days after the date that the relocating individual obtains the information required to be provided under subsection (a)(2). However, the relocating individual must provide all the information required under subsection (a)(2) not later than thirty (30) days before the relocating individual intends to move to the new residence.
 

gr8rn

Senior Member
(Indiana Law). My husband has joint custody of his children. His ex moved to Ohio a few months ago without his permission, or permission of the courts, with the kids. She is now refusing to meet half way for visitation, and expects us to do all the driving. My husband wrote a letter to the judge, and he denied a hearing, and was told to seek advice from legal counsel.

Problem #2. She sent their children to live with us for 2 months. We have evidence of this including a notarized document stating she was sending them to us. During this time, she recieved child support. Could we sue her in civil court to have the child support refunded?

What can be done about requesting her to provide all transportation for visitations since she moved out of state?

Would hiring an attorney make a difference? The judge usually doesn't even allow my husband to speak in court, which, in my opinion, isn't following due process of the law. We are low income, and can't afford an attorney unless we actually have a case against her and could have things changed in court.
Problem #1: your husbands wife (are you following me?) Has no dog in this fight. You need to have hubby sign up and ask his own questions. There is no "we". "We" cannot do anything. Your husband can hire an attorney.

Problem #2: he wrote a letter to the judge? So inappropriate. Your husband is in way over his head. He NEEDS an attorney.

How long has the ex wife been in Ohio?
 

mommyof4

Senior Member
Cheesecake, op won't be rolling anything as she is not a party to the custody order. Further, it is highly improbable that child support would be refunded.

Further, depending on the distance (which could be a little as 5 minutes), while she may be found in contempt, nothing more than a stern talking to could result from her actions.

How long ago did Mom move and why didn't Dad address this issue immediately?
 
Last edited:
Overpayment has been taken from my support as a 20 buck deduction a week for ex amount of weeks so it can happen.

What county is this case in?

I agree with you all about the legal stranger point but yet I do not. Even though they are step parents they DO influence the children s lives they touch we have some awesome step parents and some not so good ones. So even if they are legal strangers and I do not discount that point they are a part of the kids lives and some really do love and care about the kids. AS LONG AS THEY DO NOT TRY TO TAKE THE BIOLOGICAL PARENTS PLACE i do not see any problem with them caring for and loving the children. (I was not shouting just do not want to get jumped all over for disagreeing)
 

Ohiogal

Queen Bee
Overpayment has been taken from my support as a 20 buck deduction a week for ex amount of weeks so it can happen.

What county is this case in?

I agree with you all about the legal stranger point but yet I do not. Even though they are step parents they DO influence the children s lives they touch we have some awesome step parents and some not so good ones. So even if they are legal strangers and I do not discount that point they are a part of the kids lives and some really do love and care about the kids. AS LONG AS THEY DO NOT TRY TO TAKE THE BIOLOGICAL PARENTS PLACE i do not see any problem with them caring for and loving the children. (I was not shouting just do not want to get jumped all over for disagreeing)
No one is saying that stepparents do not influence the children or they do not love and care about the kids. What this is about however is that LEGALLY they are strangers and LEGALLY their involvement in LEGAL matters could harm the PARENT'S case.
 

mommyof4

Senior Member
I said nothing about step parents' influence on kids' lives. I am addressing your instructions to op to get 'rolling' on any LEGAL issue that may be available to the parent. OP has no legal standing to do anything.

Your response could lead OP and other non parties to any legal order to believe otherwise.

The time to have addressed the child support was when Dad agreed to have the children with him for 2 months. Is there any possibility that money could be ordered back to him? Yes. Is there any reasonable probability? No.
 

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