Can I move out of town as long as I don't move out of state?: I currently have full physical custody and my daughters dad is taking me to court. I am moving away with my daughter an hour away. It is in the same state but is 50 mi away from where he lives and he says it is against Indiana laws and he will make sure I never see my daughter again. I am moving because I have a new job opportunity making more than I currently am. It does not state in out court order that I can not move out of town.
Adam’s answer: Even if you are not moving out of the state, you have to file a notice of intent to relocate and include all of the information as is required under the Indiana Code 90 days prior to your intended move date. The father would then be given 60 days to object to the relocation. If he objects, a court hearing will be scheduled to determine whether to allow the relocation. Relocation cases are very fact specific and complex so I strongly urge you to consult with a local attorney to represent you.
Can parental rights be taken away for a conviction if it is domestic violence conviction?: My brother has a pending domestic violence case that was filed against him by his ex-wife. Using the pending criminal case, the ex wife is trying to change the custody arrangement with their child. There was no written agreement. She is trying to get something showing that he is not allowed to have custody of the child ever. The domestic violence case involved her only, not the child. Can she completely take away the custody if he is convicted of the domestic violence case against her?
Adam’s answer: Evidence of domestic violence is a relevant factor a court will consider if a custody and/or visitation modification is brought before the court. However, it is not the only factor. The court uses the 'best interests of the child' standard for determining custody and parenting time. Every custody case is very fact specific, so it is important to consult with a local attorney to discuss the facts of your brother's case. If the domestic violence occurred in front of the children, the judge would likely put more weight on the domestic violence conviction as compared to if only your brother and his ex were present. Regardless of what the judge decides, it's never the end of the line. Parenting time and custody can always potentially be modified in the future if there is ever a relevant change in circumstances.
What can I do so this loan doesn't mess up my credit history: My parents divorced and my dad was court ordered to pay 80% of my college costs. My freshman year he refused and we took him to court. In the meantime I had to take out a loan to attend college. The courts ordered him to pay 80% of my college and the loan I took out because I would not had to take the loan out if he was paying his portion. Now I have graduated and he is not paying the loan. This is going to screw up my credit history and I am trying to buy a car. Is there a way to get the loan put under his name? Are there any other options I can take besides taking him to court again?
Adam’s answer: I agree with Paul. Unfortunately, if he is refusing and/or failing to pay his obligation, the only way to address and resolve the issue is to bring the matter back before the Court. Contact a local attorney to discuss drafting a motion for rule to show cause (contempt). Since you've already graduated and know exactly how much he owes, you may be able to reduce the amount owed to a judgment and possibly garnish his wages.