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Andrea Lynn Ciobanu
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Andrea Ciobanu’s Answers

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  • 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.

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  • 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!

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  • 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.

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  • I have full custody can i move if dissolution of marriage was a domestic violence case non custodial parent want visitation

    Non custodial parent was the abuser along with court documents which confirm incidents. Ex-husband continues to abuse through the courts demanding visitation.

    Andrea’s Answer

    I am not entirely clear on what the question is here. If the father was violent with the children, you should move for supervised visitations at his expense. You should retain an attorney to represent your interests and advocate for you. Best wishes!

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  • Can my ex wife prevent me from moving?

    We are moving in Indiana in the same school district. We have joint custody. Ex is saying that she can prevent us from moving because we didn't give 90 days. The move is set to occur in 30 days. The new house is less than 2 miles away from the cu...

    Andrea’s Answer

    I agree with my colleague and just reiterate that you must file the notice with the court immediately. Since you will still be within the same school district, it will not affect parenting time and there will be no other additional expenses with respect to parenting time, it does not seem like her objection would have merit. (This answer is subject to change based upon additional information). Best wishes to you!

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  • My son who is 15 wants to live with me but lives with his mom.... what are the chances of him being able to do so?

    Down fall is that i got out of prison a year ago( but never have been in trouble ever before). He has been with me on weekends or week days since i have got out. I spend time with him now. Dirty pool if you will....his moms other son who is 19 ki...

    Andrea’s Answer

    Greetings,

    For your reference, here is the applicable statute on modification of custody:

    IC 31-17-2-21
    Modification of child custody order
    Sec. 21. (a) The court may not modify a child custody order unless:
    (1) the modification is in the best interests of the child; and
    (2) there is a substantial change in one (1) or more of the factors that the court may consider under section 8 and, if applicable, section 8.5 of this chapter.
    (b) In making its determination, the court shall consider the factors listed under section 8 of this chapter.
    (c) The court shall not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described by section 8 and, if applicable, section 8.5 of this chapter.

    The original section 8 factors, which are referenced, for your information are:

    IC 31-17-2-8
    Custody order
    Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
    (1) The age and sex of the child.
    (2) The wishes of the child's parent or parents.
    (3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
    (4) The interaction and interrelationship of the child with:
    (A) the child's parent or parents;
    (B) the child's sibling; and
    (C) any other person who may significantly affect the child's best interests.
    (5) The child's adjustment to the child's:
    (A) home;
    (B) school; and
    (C) community.
    (6) The mental and physical health of all individuals involved.
    (7) Evidence of a pattern of domestic or family violence by either parent.
    (8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.

    Being that your son is 15, that is a big factor and I would use that to your advantage. You may need to request an in chamber interview OR a GAL or perhaps both.

    Please be careful about posting private information in this public forum.

    I agree with my colleague - you need to retain an attorney to represent your interests.

    Best wishes to you.

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  • I have an on going child support hearing in Marion County court on March 11, 2015 at 9am, and I am looking for a lawyer?

    I am in need of legal representation before my next court date due to the fear of possibly being given jail time because i have had inconsistent and no payments for my child support order over the past 6 years. I have made a few payments towards t...

    Andrea’s Answer

    I agree- you need to use the findalawyer tab. It also seems as though you need to utilize the services of an attorney to potentially file a modification request, based upon you not having a job. I don't know the facts and circumstances and how high the child support is set, but certainly, if you have no job (and have a legitimate reason for not having a job), the child support should not be set too high. Modifications are not automatic - you must file for them. Best wishes to you.

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  • What should I do if I don't want my ex to get Custody of my child

    My ex is wanting Custody of my 3 month old baby. He has a really bad past and I don't want my child around him.

    Andrea’s Answer

    I agree with my colleague, that ex (Father) must petition the court if he wants parenting time, custody, and even to legally establish paternity. For your reference, the court will look to the following when determining initial custody:

    IC 31-17-2-8
    Custody order
    Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
    (1) The age and sex of the child.
    (2) The wishes of the child's parent or parents.
    (3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
    (4) The interaction and interrelationship of the child with:
    (A) the child's parent or parents;
    (B) the child's sibling; and
    (C) any other person who may significantly affect the child's best interests.
    (5) The child's adjustment to the child's:
    (A) home;
    (B) school; and
    (C) community.
    (6) The mental and physical health of all individuals involved.
    (7) Evidence of a pattern of domestic or family violence by either parent.
    (8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.

    You can't necessarily stop him from getting parenting time, once paternity is established (supervised visitation is another issue) but you can argue custody.

    You should retain an attorney to represent your interests and guide you through this process. Best wishes to you and your baby!

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  • Is there any way my son's father can take custody?

    I've had custody of my 10 year old son since we establish paternity in 2004 we were never married my son prefers to live with his father I believe because his father has no rules no discipline it's all treats and candy and no bedtime and my child ...

    Andrea’s Answer

    I agree with my colleague, that the non-custodial parent can petition to modify custody at any time, based upon substantial change in circumstances. For your reference, here is the applicable statute:
    IC 31-17-2-21
    Modification of child custody order
    Sec. 21. (a) The court may not modify a child custody order unless:
    (1) the modification is in the best interests of the child; and
    (2) there is a substantial change in one (1) or more of the factors that the court may consider under section 8 and, if applicable, section 8.5 of this chapter.
    (b) In making its determination, the court shall consider the factors listed under section 8 of this chapter.
    (c) The court shall not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described by section 8 and, if applicable, section 8.5 of this chapter.
    As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.9.

    Initial determinations (section 8 factors referred to in the modification statute) include:

    IC 31-17-2-8
    Custody order
    Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
    (1) The age and sex of the child.
    (2) The wishes of the child's parent or parents.
    (3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
    (4) The interaction and interrelationship of the child with:
    (A) the child's parent or parents;
    (B) the child's sibling; and
    (C) any other person who may significantly affect the child's best interests.
    (5) The child's adjustment to the child's:
    (A) home;
    (B) school; and
    (C) community.
    (6) The mental and physical health of all individuals involved.
    (7) Evidence of a pattern of domestic or family violence by either parent.
    (8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.

    I am not certain if the two of you live in different school districts, but the courts certainly look to that. And, although the 10 year old wants to live with dad, and that is a factor that the courts look to, they give more weight after 14 years of age, so he is too young to make these decisions entirely on his own. You also bring up a good point that he has other siblings in the house and that is an important factor.

    You need to retain an attorney to assist you. I think that you also need to be careful about posting too much private information or specific details in a public forum because I would not want any of that to be used against you. You can use the findalawyer tab for an Indianapolis Child Custody Attorney her in Indianapolis.

    p.s. keep in mind - Father needs to actually petition the court for a modification - its not automatic just because he wants it, so he could also be trying to push you around and don't let him do that!

    Best wishes to you!

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  • What does it take to get emancipated at the age of 16 in Indiana?

    I am 16 and live in Indiana. My parents don't want me to be with my boyfriend and have gotten restraining order against my boyfriend to me. Its ridiculous and I was wondering what it would take to get emancipated and get out of my parents house t...

    Andrea’s Answer

    You have to be financially capable of supporting yourself.
    A juvenile court may grant emancipation where the court finds:
    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.
    You need to petition the court and retain an attorney to assist you, Best wishes to you.

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