Skip to main content
Andrea Lynn Ciobanu
Avvo
Pro

Andrea Ciobanu’s Answers

482 total


  • Indiana - is the now ex spouse still entitled to life ins proceeds if not in divorce decree? Is a change of beneficiary needed?

    Divorced after 44+ years and named beneficiary to spouse's life insurance which was purchased in the 1980's. In Indiana, am I still entitled to the proceeds if nothing was declared in the divorce decree. Or should this be changed through a "chan...

    Andrea’s Answer

    Yes I agree and I would add that the decree does not control the life insurance beneficiary. That must be changed separately.

    See question 
  • Can a custodial parent just move out of town with kids, and threaten other parent for money less than 60 days of court case?

    Joint Custody Case approaching within less than 40 days. Best interest for the kids and parents that parents separate due to negative atmosphere. Mother has moved out and later back in when case was filed against her. Father takes care of kids ...

    Andrea’s Answer

    In Indiana, you are supposed to file a verified notice to relocate ninety days ahead of time. You can file an objection to her move and modification of custody if you believe the relocation will interfere with your parenting time and its not in the best interests of the children. You should get a good family law attorney to assist you. Best wishes to you and tor family.

    See question 
  • How does my husband adopt my daughter if her father is deceased?

    My daughter's father passed away when she was 9 1/2 months old. I do have a copy of his death certificate. My husband is the only daddy she's ever known, so we just never really moved on it, but now that we're having a new baby my husband of 6 yea...

    Andrea’s Answer

    Yes, you have to complete a formal process, adoption through the courts, specifically the county that you are located in. You will need an adoption / family law attorney to assist you through this process. Best wishes to you and your family.

    See question 
  • Requesting Sole Custody

    The current situation with me and my son's father is we have joint custody and he has been appointed to pay child support. We were able to agree on our own visitation schedule. However, the tables have turned since we went to court in 2012 when my...

    Andrea’s Answer

    It is important to note that primary physical custody is time spent with the child and sole legal custody is decision making of the child. Do you to disagree as to medical, religious and education matters? If there are disagreements, that would be a basis (or factor) for you to have sole legal custody. On primary physical, how much time is he spending with him now? Please note, family law is very fact-intensive and depends on a variety of factors. For your reference, here is a citation to the applicable code: http://codes.lp.findlaw.com/incode/31/14/13/31-14-13-2. There is not always a clear answer (black and white), but you make your case and argue it emphasizing the applicable factors. Sometimes it is a matter of reaching out to the other side to see if you two can come to an agreement. Nothing is finalized until it is reduced to writing, signed by both parties and approved / accepted by the court. Best wishes to you and your family.

    See question 
  • Where can I go to take divorce panerting class in Indiana my soon to be ex wife lives in Lafayette ind ans I live in Parker city

    I live in Parker city ind and my soon to be ex wife lives in Lafayette ind where the papers are filed and I'm court ordered to take a divorce parnating class can I take it where I live? Or even online class?

    Andrea’s Answer

    I agree with my colleague and would add that many people in Indiana take uptoparents.org and it is free! This is a well respected program, but you must make sure that your judge will accept it. Also, you normally get a certificate of completion at the end you may need to present that to the court. Best wishes to you.

    See question 
  • Can I be denied ability to pick up my daughter from daycare while still married but divorcing?

    My wife is not allowing me overnights anymore. She is at daycare and I want to get her. Can I do so without hurting me down the road? Can the school legally keep my daughter from me. We are still married and no custody rights has been established ...

    Andrea’s Answer

    I agree with my colleague, get to the court and get an order. It is unclear if anyone has filed for a dissolution yet, but if they have, you can make that request through the dissolution proceeding. You would not need a separate custody proceeding if there is a pending dissolution (divorce). You would also do well to retain a lawyer to guide you through this process and also obtain the details of your situation (work schedules, living arrangements, age of your daughter, etc., etc...)

    See question 
  • In indiana if two parents live in different counties, which county would they hold court in, in terms of a custody battle?

    Mother is custodial parent. Currently a 50/50 time split but father is requesting full custody

    Andrea’s Answer

    Yes, I would add that the county that originally established custody has continuing jurisdiction unless the case is transferred somewhere else for another reason. You do not need to file a new case but file under that same cause number and petition to modify custody. Best wishes to you.

    See question 
  • How do I get custody of my son if my ex is being charged with child neglect?

    My ex just gave birth to our son and she was doing drugs! CPS was called in and now they are charging her with child neglect! I have taken the drug test for CPS and came back negative for drugs! Also the guy she is staying with has physically abus...

    Andrea’s Answer

    You should petition for legal and physical custody. You should also retain an experienced child custody lawyer to assist you. CPS may open up a CHINS case so you should cooperate and attend any and all hearings associated with that (to the extent that applies). There may be two cases (one paternity and one CHINS). While you are doing this, as a matter of law, please make sure that you establish paternity, to the extent that you have not already. Best wishes to you.

    See question 
  • Do I absolutely have to already have a job and a permanent place to live in order to get emancipated?

    I am 16 yrs old and wish to get emancipated, but I know I have to be able to prove to the court I can support myself..If i could I would definitely get a job and rent an apartment. The only thing is my parents wont even let me get a job or work to...

    Andrea’s Answer

    You have to be capable of supporting yourself. The court will make sure that you understand the following: 1. The petitioning minor wishes to be free from parental control and protection and no longer requires control and protection;

    2. The petitioning minor understands the consequences of being free from parental control and protection

    3. The petitioning minor has sufficient money for the child's own support; and

    4. The petitioning minor has an acceptable plan for independent living.

    Since you must prove that you are capable of supporting yourself, and it does not sound like you can - probably not. Enjoy these years ~ they don't last long, One of the last few opportunities you have to live rent free :-) Best wishes to you!

    See question 
  • Can I be 18 and date a 15 year old in Indiana?

    I have known my girlfriend for a year and we've been dating for six months now. All I want to know is, can I still be with her after I turn 18 and she is 15? And in what ways could I possibly avoid getting/get into trouble in our relationship?

    Andrea’s Answer

    Just so you know, Indiana has what is known as Romeo & Juliet Laws. (More information may be found at: http://statelaws.findlaw.com/indiana-law/indiana-rape-and-sexual-assault-laws.html) Although you must be careful, the law in this state permits young people (within four years of one another) to have a relationship (even intimate). Obviously, there are other consequences that you must be concerned about. Best wishes to you and please be cautious.

    See question