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Julie Stephens
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Julie Stephens’s Answers

208 total


  • When given permission to leave the custody state, do i need permission to move to another state after 3 years in my new state?

    my child custody is based out of indianapolis, In. 3 years ago i asked him for permission to move to tennesse, he agreed and signed a statement but then parental kidnapped her for 6 weeks and after several trips to court she was ordered back and i...

    Julie’s Answer

    Each time a parent moves while the children are minors the parent will need to file a Notice of Intent to Relocate. To make sure the proper procedure is adhered to, you should have an attorney prepare the form and serve the father.

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  • Child abandonment and custody

    My family and I helped a struggling family and suspect they plan to soon if not already to abandon the child leaving the baby with us. We'd like to continue caring for the child and with the biological mother currently incarcerated we can contact ...

    Julie’s Answer

    My suggestion is to consult with an attorney to address filing a petition for juvenile guardianship in your county with mom's consent. The attorney can address how to serve dad, how to conduct a search on the putative father registry and if there is no record of paternity being filed, the attorney can advise if the petition can be filed with only Mother's consent.

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  • Do I have to hire a lawyer?

    I have an son that lives with his dad. I had custody of him since birth. When he was 3, I signed an agreement saying he was going to be spending certain days with his dad and certain days with me (the father had more days) and that no one was payi...

    Julie’s Answer

    To answer this question an attorney would need to see the agreement you refer to when your son was 3 years of age. If you are asking if you can reduce father's parenting time, you will probably need to file a petition to modify but there is a burden of proof you may need to meet to be successful. Of course if you and father can reach an agreement this may not be an issue. You should consult with an attorney.

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  • Can I keep daughter away from real father for her safety since she informed her fathers wife and the step sisters boyfriend?

    "Inappropriate behavior from non custodial parent" My oldest daughter (13 yrs old) saw pictures/messages on her step sister's ( early 20's) phone between the step sister and my daughters real father regarding nude photos of the step sister sending...

    Julie’s Answer

    If you are seeking to restrict parenting time then you need to speak with an attorney to address this. If you are concerned for the step-sister who is an adult I am not sure what you should do as I am do not know involved you want to get into this, if they are unsolicited photos then your daughter's father may have his own concerns. You may want to sit down with an attorney to address your concerns and goals.

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  • How does a couple withdraw a divorce petition that was filed less than a few days ago? State is Indiana, Lake County.

    We both went to the courthouse a couple of days ago to file for divorce. We want to withdraw it. How can we do this? I am the petitioner. State is Indiana. We are elderly so no children or property are involved. It is purely an emotional iss...

    Julie’s Answer

    There are forms on the Indiana gov website to print and fill out or you can probably go back to the Clerk's office and ask the staff for a form to complete to dismiss the case. The spouse that filed the Petition for Dissolution would be the party to file the motion to dismiss as well. Before approving the motion to dismiss the Court should provide time to the other party to file their own petition and when that time period passes with no filing of a counter-petition by your spouse then the Court will approve it. To bypass this waiting time you and your spouse can join in the motion to dismiss.

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  • How can you prove paternity?

    My son had a one night stand with a woman who is still married but no longer with her husband. She had a child and said he is the father but she doesn't want him involved and won't consent to a paternity test. Can he force her if he has no proof...

    Julie’s Answer

    If he files a petition in the juvenile court in the county where they reside, at the initial paternity hearing he can advise the court of his request for the DNA testing and she can be compelled to submit the child. Since she is married it can be assumed to be a child of that marriage. I recommend he consult with an attorney soon especially if the mother and her husband could be going through a dissolution in the future.

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  • Illinois court order but both custodial and non-custodial parents just moved/moving to Indiana?

    I have a court order to pay for child support and a parenting agreement done in Illinois. However, I just recently moved to Indiana and the mother of my child is closing on a house in Indiana as well. Will we have to redo/transfer everything to ...

    Julie’s Answer

    First you need to be aware of your current order - sometimes parties will agree to submit themselves to the jurisdiction of the original court regardless of relocation. If there are no restrictions and you want to domesticate the Illinois Order to Indiana you can contact an attorney in your current county to review your current order and advise what they think is in your best interests.

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  • What does it mean to be current on child support?

    What does it mean to be "current on child support" for the purposes of tax dependency deduction? We have a court order stating that one parent has the right to claim a child for every tax year she is current with support. What if the amount owed i...

    Julie’s Answer

    I am not sure what your order states but the statute states that the child support obligor must be 95% current by January 31 of the next year. So to claim the exemption for tax year of 2015, they need to be 95% compliant by January 31, 2016.

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  • Is he also to pay for her dance classes? Will he have to be pay for her school tuition next year?

    Me and my ex have joint legal and physical custody of our two daughters. They both attend private school. My youngest is four and goes twice a week for pre k and my oldest is eight. He was granted both tax credits. As well as having to pay for al...

    Julie’s Answer

    From the details in your question, it appears as though you may have been represented by an attorney when your Decree or Agreement was drafted. Your two questions depends on how your agreement was drafted and your attorney should be able to answer this question for you. Attorneys on this website cannot provide legal advice specific to your question without the ability to meet and review the paperwork. Good luck

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  • Is it common in divorce proceedings while in court to be questioned/interrogated by opposing council?

    Divorce Proceedings Question!

    Julie’s Answer

    Yes this is the process of a court hearing. Each side presents their evidence through testimony and then the opposing side can cross-exaamine the witness. There are rules of evidence that must be followed and your attorney should prepare you not only for his or her direct examination of you, but also how to handle the cross examination of the opposing attorney.

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