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Scott Michael Kyrouac

Scott Kyrouac’s Answers

24 total

  • Myself and my fiancé are being harassed by his brother, to the extant o having cops at my house 23 times in a months time!

    We had to ask him to move out of our house because of all the drama he causes. Afterwards he started lashing out against us. He called and told the police that we are drug dealers so they searched our house for 3 hours and left with nothing and no...

    Scott’s Answer

    I suggest that you consult a local attorney in Adams County. You can start with your local prosecutor's office and see if they will file a protective order to keep him away from you and your family. If not, a private attorney may be able to seek such an order. Consulting a local lawyer who engages in civil litigation may also be helpful to stop the alleged defamation. If he has truly defamed you, the defendant may have to answer in civil court why he should not have to pay you money to compensate you for your damages. Often civil lawyers will work on a contingency fee.

    Good luck.

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  • Do I have to send my son to his moms for Halloween on my weekend?

    We have a court order where I have him Thursday to Monday. It says I'm to have parenting time at all reasonable times agreed between parties but says nothing about the parenting time guidelines in our court order. She plans on just coming and gett...

    Scott’s Answer

    Check your court order! The order always controls. If the IPTGs apply, then Halloween IS considered a holiday. This year the custodial parent has the holiday. Parenting time calendars do indeed reduce the conflict and uncertainty as to who has the children. I suggest you consult an attorney in your town to help you create a parenting time calendar. In the mean time, always consider what is in the best interest of the child. Ruining Halloween for your child by arguing with your ex is not likely to promote your child having fond memories of Halloween. Many cities have two nights of trick or treat. Perhaps you can take them on the alternative night or take them to a Halloween party or haunted house on an alternate night. Best of luck.

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  • Is there legal recourse against house sellers for a water leak that began before sale of house and was caused by faulty crimp?

    My husband and I bought a house in November 2013. We just discovered a leak from a water line that the plumber estimates began before we purchased the house. Moreover, the plumber identified the cause of the leak as an incorrectly applied crimp. T...

    Scott’s Answer

    I suggest that you consult a Hamilton County or Marian County attorney as soon as possible. Gather all of your closing documents before you meet with your lawyer. Indiana has a law requiring certain disclosures be made by the seller at the time of the sale. See disclosure form here: Unfortunately, causes of action may be limited. The Indiana Supreme Court clarified when there may be a cause of action in 2013. Specifically in the case of Johnson v. Wysocki, 990 N.E.2d 456 (Ind.2013), the Indiana Supreme Court said that a buyer must show that the seller had actual knowledge of the defect at the time the sales disclosure was signed in order to recover for damages. Hire a lawyer for advise specific to your case and good luck.

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  • (Indiana) If my name is on an auto title can I get copy of spouse's Auto Insurance Declaration Page?

    (Indiana) Separate auto policies yet not auto title yet seeking to divorce and realized that he's committing fraud to not announce to lienholder he's (a) vehicle not registered (b) Residency address on policy knowingly incorrect - he relocated to...

    Scott’s Answer

    First, I strongly suggest that you contact a lawyer in your county of residence. Marian County has many outstanding lawyers to choose from. Second, in Indiana, an automobile is registered with the Department of Motor Vehicles. Insurance information must be included on the registration. The Department of Motor Vehicles can be contacted and asked for a copy of the registration. Once the insurance company name and policy is revealed, try speaking directly with the insurance company and request a copy of the insurance policy.

    Again, if you do not already have an attorney, talk to a local attorney and get sound legal guidance.

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  • Can my contractor place a lien on my property?

    Almost 8 weeks ago, I verbally agreed to a contractor to install new Windows in my home. On that phone call, he stated that "the windows will be in and we can begin installation within 2 weeks. If there are any delays, I'll give you a call". 7 ...

    Scott’s Answer

    It depends on several factors. In Indiana, a contract occurs when there is an offer, an acceptance and mutual consideration. We also have a statute of frauds which requires contracts involving more than a certain dollar amount to be in writing. However, even in the absence of a written contract, one may still be liable based upon quantum merrit or other equitable doctrines of law. (Such as reasonable reliance upon an oral promise or representation.) I suggest that you immediately contact an Indianapolis attorney or an attorney in Hendricks county for purposes of getting legal advice specific to your factual situation.

    Be careful of what specifics you type in a public forum as you may make an admission.

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  • If i'm 17 years old with a child can i move out of my parents house legally in the state of indiana?

    i'm 17 years old with a 3 month old daughter. i told my dad i wanted to move out because he was going to charge me 400 dollars of rent and he said i couldn't leave until i was 18 and 3 months old, he said he decided he wasn't going to charge me a...

    Scott’s Answer

    Emancipation is controlled by Indiana statute.
    IC 31-34-20-6
    Emancipation of child; findings; terms
    Sec. 6. (a) The juvenile court may emancipate a child under section 1(5) of this chapter if the court finds that the child:
    (1) wishes to be free from parental control and protection and no longer needs that control and protection;
    (2) has sufficient money for the child's own support;
    (3) understands the consequences of being free from parental control and protection; and
    (4) has an acceptable plan for independent living.
    (b) If the juvenile court partially or completely emancipates the child, the court shall specify the terms of the emancipation, which may include the following:
    (1) Suspension of the parent's or guardian's duty to support the child. In this case the judgment of emancipation supersedes the support order of a court.
    (2) Suspension of the following:
    (A) The parent's or guardian's right to the control or custody of the child.

    You need to petition the court in order to become legally emancipated. However, prior to pursuing emancipation, I suggest you truly consult with an attorney to determine if this is in your best interest. Please consult your local family services as you may qualify as a child in need of services. IC 31-34-20-1
    Entry of dispositional decrees
    Sec. 1. Subject to section 1.5 of this chapter, if a child is a child in need of services, the juvenile court may enter one (1) or more of the following dispositional decrees:
    (1) Order supervision of the child by the probation department or the county office of family and children.
    (2) Order the child to receive outpatient treatment:
    (A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
    (B) from an individual practitioner.
    (3) Remove the child from the child's home and place the child in another home or shelter care facility. Placement under this subdivision includes authorization to control and discipline the child.
    (4) Award wardship to a person or shelter care facility. Wardship under this subdivision does not include the right to consent to the child's adoption.
    (5) Partially or completely emancipate the child under section 6 of this chapter.
    (6) Order:
    (A) the child; or
    (B) the child's parent, guardian, or custodian;
    to receive family services.
    (7) Order a person who is a party to refrain from direct or indirect contact with the child.

    Such a placement may be in you and your child's best interest. Best of luck.

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  • My 14 year old daughters father has not had any contact with her in almost 3 years. Does he still have any legal rights to her

    They got into a fight over the step mother, I stepped in and told him the step mom was no longer to be responsible for her when my daughter was there, he got mad, told my daughter she will come back to him someday and has not seen her since. I too...

    Scott’s Answer

    In the absence of a protective order or an order terminating visitation rights, your ex husband still has a right to reasonable visitation with your daughter. If he chooses to exercise that right, you may need to seek court guidance for supervised visits or an order requiring some type of family counseling to assure that visits are safe. Children generally do better when they have a relationship with both parents. However, safety during visitation must be given a premium.

    Good luck.

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  • What should I do next about mold in a rental house?

    at move in I received an inspection list after lease signing. During inspection I found mold growth in new cabinents. I wrote on form and when turning into property manager voiced it to her. She replied that those are new cabinents. They sent o...

    Scott’s Answer

    You have many options. However, this is the type of case you need to immediately consult with an attorney in the Ft Wayne area about. You need to discuss your goals: remedy the property, cancel, the lease, compensation for adverse health effects or emotional distress etc.

    Once mold is found to be present, remedition is usually very costly. Nevertheless, it is necessary that the landlord take steps to remedy the problem before there are serious health issues.

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  • Is the house automaticly the man's house if it is in his name in Indiana?

    A couple live together aprox. 1 year and a couple months, have a 10 month old child together, (at the time they were living in the womans apartment and she was supporting them all) they then move into a house bought for them by the man's father w...

    Scott’s Answer

    In the absence of a valid prenuptial agreement, there will be a rebuttable presumption that both husband and wife are entitled to one half of the equity in the home. This presumption is difficult to overcome. One way a judge might deem the house to not be a marital asset is if he was convinced that the home was a gift, the couple was only married for very short period of time and that the wife did not contribute any sweat equity to the home. In Indiana, this would be a difficult burden.

    In most cases the judge would consider the home a marital asset and award fifty percent of the equity in the home to the wife in the event of dissolution of marriage.

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  • Can an apartment tenant record me (tenant in the same building) from inside their apartment?

    I live in an apartment building that has 12 apartments on each of its 3 floors. I am on the bottom floor. There is a man, also on the bottom floor, living in the apartment In the front of the building. I noticed he has a webcam in his window, whic...

    Scott’s Answer

    Unfortunately, the tenant has a right to film the common areas from within his apartment as long as it is for a legitimate reason and not a nuisance. No prosecutor would likely consider this to be an unlawful invasion of privacy. Furthermore, convincing a judge in a civil suit that this is an actionable nuisance would be extremely unlikely.

    Your best bet is to leave this man alone. If you don't like his surveilance of common areas, then talk to your landlord about alternative living arrangements. Perhaps the facility has another apartment you can switch into during the term of your lease.

    Good luck.

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