Skip to main content
Burton A. Padove
Avvo
Pro

Burton Padove’s Answers

2,080 total


  • Can a parent move out of state with their children in these circumstances?

    My girlfriend in Indiana has two children with different fathers. One father has joint custody, but the child lives with my girlfriend full time and he is over two years arrears on his child support, she recently got the court to take payments...

    Burton’s Answer

    She will have to follow the Indiana Relocation Statute. If the fathers object, there will be a hearing and the court will decide based on the best interests of the children.

    See question 
  • Can I ask for an emergency sole custody of my son at the courthouse

    Hi , I am Leo , I used to live in a small town Indiana called crawfordsville got married there , married for almost 4 years and have a 3 years old son. Out of nowhere 3 nights ago my wife calls telling me that she doesn't want our son and family ...

    Burton’s Answer

    You should file for dissolution of marriage or legal separation and ask for an emergency hearing for provisional custody. This can be complicated so you should contact local counsel.

    See question 
  • Can my wife keep the parenting time with moving 3 hours away

    Right now my wife has parenting time on the weekends and we are thinking about moving into illinois from indiana. Can dhe keep what she has if we are willing to do the drive for the kids

    Burton’s Answer

    There are more factors than parenting time when there is joint custody. It is possible that a move would effect those factors. Your wife will need to comply with the Relocation Statute. The child's father shall have the right to object. If he does, there will be a hearing. The court will then decide.

    See question 
  • What can I do about child not wanted to visit dad

    My ex and I have joint custody of our 12 year old daughter. Recently my ex has been giving our daughter the chose of goon to his house or staying with me. She has choose to stay with me, I have told her that she needs to go, her response is if he ...

    Burton’s Answer

    You can explain to her that you may get into trouble with the court if the visitation order is not followed and also try to find out why it is that she doesn't want to be with her father. You can consider counseling since this is not a normal reaction of a child to seeing a parent.

    See question 
  • My wife and I filed divorce papers two weeks ago. I found an envelope with over $4,000 in our bedroom. What should I do?

    Using one lawyer for now. Wife makes 3x what I do so I'm sure she's stashing more money than what I found and we still live in our current home

    Burton’s Answer

    You should never have the same attorney. You should hire your own counsel as soon as possible. He or she can guide you and look out for your interests only.

    See question 
  • Am I entitled to a share of these assets?

    My ex spouse purposely hid assets during our divorce. I did not find out until the divorce was final. Is it too late, or am I entitled to a share of the assets?

    Burton’s Answer

    You need to hire Local Counsel to determine whether you would be successful based on the facts of your case

    See question 
  • How can I adopt a child that I've had for 13 years, with a paper from the notary?

    My friend had 4 boys at the time and this child made the fifth. I asked her to keep him and I would take care of him. She did, however I only have the notary paper. I didn't have the finances to get a lawyer. All the boys have the same father but...

    Burton’s Answer

    I agree with the other attorney concerning what you need to do. However, in Lake County, there is not a requirement that you have an attorney. However, generally speaking, adoption is not a "do it your self "type procedure. A small mistake can create serious problems.

    See question 
  • How much can I get for child support I have two children that are my husbands and I plan on leaving him

    8 yr old and a 1 yr old baby . My husband is verbally abusive to everyone in the family . Is an alcoholic and smokes marijuana . Looks out for himself

    Burton’s Answer

    Your question cannot be answered based on the information provided. Child Support has a number of different factors, including the amount of income earned by both of you, the cost of insurance for the children, any work related childcare expense, the number of overnights and whether there are other children that receive child support from either of the parents. You need to contact an attorney.

    See question 
  • Can I terminate the father's parental rights?

    He hasn't seen the children slightly over year. He hasn't tried to contact us since December 13th. We receive no child support he doesn't help. And a few years back he was going to court for sleeping with an underage girl. Is there anyway I can te...

    Burton’s Answer

    in Indiana, parenting rights can be terminated in a CHINS case or by adoption.

    See question