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June 2017 Archives

On what grounds can parents be found unfit?

If you are a grandparent who is trying to get custody of your grandchildren in Indiana, you may need to prove the parents are unfit and have their right terminated before you can be granted custody. Proving a parent unfit is always done through the courts. Only a judge can make this legal declaration and end parental rights.

How is child support determined in Indiana?

Like many dads in Indianapolis, you have every intention of doing all that you can to support your children. That includes even after you may have separated from their mother. At the same time, you also may need to support yourself as well as a new spouse and any children you may have with her. Thus, it is important for you to understand exactly how the state determines your child support obligation to ensure that you are not paying any more than you have to.

Father seeking custody of son following surrogate mother’s death

Recent years have seen the use of surrogates become a popular option for would-parents in Indianapolis who cannot have children themselves. However, surrogate cases do bring with them their own unique challenges. Typically, such cases involve the surrogate mother agreeing to forfeit parental rights to a child. However, if that does not happen, the she may continue to be recognized as being entitled to privileges such as custody and even child support.

What happens if my ex is refusing to allow visitation?

Just because your marriage is over doesn't mean you get to stop interacting with your former spouse. If you have children together, you will likely need to see each other occasionally for the rest of your lives, even after your children are adults. Not everyone handles this fact particularly well. While you're going through a divorce, it's common for disagreements to crop up between you and your former spouse. Child custody and visitation are often issues that cause a lot of problems between former spouses. If your former spouse has custody during the divorce, you may feel like you never see your children.

Contesting presumed paternity

In Indiana, simply being married can establish the legal paternity of a child. According to the Illinois General Assembly, a man is assumed to be the father of any child born during his marriage or within 300 days of the end of his marriage. Even if the marriage is later deemed invalid, the paternity still stands. In some situations, parents may know the mother’s husband or ex-husband is not the father of the child. They may then wish to have the assumption of paternity voided. This presumed paternity can be challenged or made invalid in a couple ways.

Client Testimonials

  • My husband and I have a 12 year old grandson whose academics and social needs were being neglected. We turned to Schembs Law & Associates to help preserve our grandsons rights. With Schembs & Associates leadership and guidance… Grandparent Rights
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Schembs Law
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Indianapolis, IN 46204

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