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Pamela Sarah Boshears

Pamela Boshears’s Answers

156 total

  • No results matched your search for I have sole custody of my children, my parents are co-guardians, ex spouse is $14,000 behind,

    No results matched your search for I have sole custody of my children, my parents are co-guardians, ex spouse is $14,000 behind, I filed to have case opened and now he served me papers requesting reduce of child support and also stating that my pa...

    Pamela’s Answer

    If your question is whether or not the court can reduce your ex's future child support payments on the basis that his income has changed, the answer is yes. However, he will almost certainly still owe you the $14,000.
    The judge will be able to easily figure out who has legal custody from the previous court order.

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  • Does Indiana Law prevent a Father from giving up his parental rights?

    I recently started dating a young mother with a 22 month old son from her High School days. The Father wants nothing to do with the child. I asked her why doesn't he give up his right, granting her sole custody/rights. All she said is they have ta...

    Pamela’s Answer

    She's right. The reason for this rule is that generally it is almost always in the child's best interest for both parents to support the child. Even if Dad does not want to see the child or pay child support and Mom does not want his help, under the law he has a duty to provide support. Parents can't file their own termination petition but DCS or an adoption agency can file a petition to terminate parental rights in order to facilitate an adoption or protect a child who is being abused or neglected. If you were considering adopting your girlfriend's son, it would be possible for the father to terminate his parental rights in that proceeding.

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  • Would i have to pay child support for a child i planned on giving up for adoption?

    the child's grandma has him and is receiving tan f. we never made anything legal and now we have court and i don't want to pay. if i could afford and want him i would have kept him. is there any way i can get out of this situation? and he might no...

    Pamela’s Answer

    If your parental rights are terminated you won't have to pay child support.
    You can voluntarily terminate your parental rights to facilitate an adoption.
    Your child's grandmother is not obligated to adopt him.

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  • What's the law or limit on how many kids I can watch?

    I'm getting ready to open a home daycare. I will have one other adult working with me. I am planning on becoming a licensed daycare provider. How many kids can I watch with 2 adults in the home. How many infants ? How many over 2 ? Excluding my ow...

    Pamela’s Answer

    Your kids definitely are not excluded. If you are watching your two kids and also other kids, you have to count all the kids when you look at staff/child ratios. The ratios vary based on the children's ages. I've added a link to the indiana rules.

    You are starting a heavily regulated small business. You may want to consult a lawyer about this business to make sure you are in compliance with all the regulations. There are a lot of rules and you will need to read and understand them.

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  • Is it ok for a 13yr old female and a 16yr old male to date or talk in Indiana?

    Im 13yrs old theres this guy i met.Ive known him for a while now he has a really good personalality. Weve talked about the dangers of us having sex and what could happen if we were caught. We both agreed to wait until im 16 so we dont get in troub...

    Pamela’s Answer

    Well, it's completely legal for you to date and talk with this older boy, but it is not OK to have sex because you are too young to consent. If you both agreed to wait and you want to hang out together that's okay from a legal perspective. If he's concerned that he might not be able to wait, it might be wise to limit yourselves to spending time together in situations where he would not be tempted to do anything physical. A traditional way to deal with this dilemma was to have an adult chaperone present at all times. Perhaps your parents or his parents could help you stay out of trouble. Just not spending time alone together might be enough. If this becomes too complicated, you might need to stop seeing this boy for a while.

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  • Parental Interference/refusal to follow court ordered parenting time in Indiana

    I was divorced in Indiana last year and have joint legal custody while my ex retains primary physical custody. Ordered visitation as stated in our divorce decree is every week Mon-Wed and every other week Sun-Wed. Due to the nature of my occupati...

    Pamela’s Answer

    If the court ordered parenting time schedule does not work for you because of your job and your ex is not willing to be flexible, it's time to get a new court order that works. You can file a petition to modify parenting time. If this will happen every year, you can ask the judge to allow you and your ex to modify it in future years based on "the same amount of time on different days".

    If your ex is refusing to allow any visitation (even on the days that are part of the court's parenting time schedule) she may be in contempt of court and you could ask the court to hold her in contempt. You can do this at the same time you ask the court to modify the parenting time schedule.

    You should file these under the same case number you had before and you will be talking to the same judge you saw before (unless he/she is not available.) I agree that if you had a lawyer before you might want to talk to him/her again too.

    While you definitely have ground for a modification of parenting time, you may or may not be able to win full custody. You can tell the court that you and your ex can't communicate or agree on anything. That is grounds for modification of custody because joint custody requires both parents to work together on decisions about the kids. Decisions need to be made, and it may be in your kids' interest for one or the other of you to have full custody. However, if your ex is a generally good parent and has been the primary physical custodian for the past year it is very possible that if custody was modified your ex would be the one who got full custody. You should talk to a lawyer about whether or not you have a persuasive argument that it would be in your kids' best interest for the court to grant you full custody. You can ask for a new parenting time schedule without asking for full custody.

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  • What legal parental rights do I have as a 15 year old?

    I'm 15 years old and my girlfriend (16) is having a baby in a few months. Her mother has mental health issues and threatens to not let me see the baby when it's born. Can grandmother legal do that? What are my rights as a teenage father?

    Pamela’s Answer

    No, maternal grandmothers do not have the power to terminate a father's parental rights even if the father is underage.

    You should consider signing a paternity affidavit within 72 hours after the baby is born. That is the easiest way to establish paternity. If you do not sign the affidavit within those first 72 hours, you will need to go to court.

    If your girlfriend's family does not want you to spend time with your child, going to court might be necessary eventually anyway to get a court order establishing your child support obligations and your rights to visitation/custody.

    You may want to take a look at the child support calculator on the DCS website and the indiana parenting time guidelines. Every situation is a bit different but the court will generally go with something close to the guidelines unless there is a pretty good reason not to.

    You should also discuss this situation with your parent(s)/guardian and any other adults who might be helping you raise your child.

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  • I am 17 and a mother to a 14 month old, and pregnant again, do i need parental consent to see an obgyn?

    I will be 18 in november. my daughter is 14 monthr. i dont live with my mother and only see her two days a week, but im not emancipated. i took an HPT last tuesday and it was positive. i need to see a doctor. but if i need a parent to cons...

    Pamela’s Answer

    You can consent to your own health care as an unemancipated minor in Indiana if you are:
    (i) at least fourteen (14) years of age;
    (ii) not dependent on a parent for support;
    (iii) living apart from the minor's parents or from an individual in loco parentis; and
    (iv) managing the minor's own affairs.

    If you are living with an adult who is taking care of you "in loco parentis" but who is not your legal guardian, and the problem is that your mother is not willing to leave the house, there are various ways to work around this without going to court.

    Your mother may be able to simply sign the consent form from the doctor's office at her house.

    Your mother could give written permission to consent to the other adult who is taking care of you through a power of attorney. This procedure is outlined in IC 29-3-9-1. It is very easy and does not require going to court.

    I have attached links to the statutes and also a link to an article about Indiana medical consent law. This article includes details about how to write a simple power of attorney document that would give someone else power to consent on your mom's behalf.

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  • How to get emancipated in Indiana?

    I want to become a live in nanny for this couple can I get emancipated for that?

    Pamela’s Answer

    Katherine Flood is correct, it is not possible for you to petition to be emancipated in order to take this job against your parent or guardian's wishes. However, it is perfectly legal for a minor to live away from the parent/guardian with their parent or guardian's consent. You can legally be this couple's nanny if your parents/guardian approve and the job itself does not violate IN teen labor laws.

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  • Do i have parental rights if my children are being raised by legal guardians?

    my ex in laws have had guardianship of my kids for 3 years now. what parental rights do i have, if any? The father of my kids put my kids and I in a car with precursors. We were pulled over, i was driving while suspended so i went to jail for that...

    Pamela’s Answer

    The fact that you both have criminal records and that there is currently a guardianship in place does not necessarily mean that your parental rights have been terminated. Termination of the parent-child relationship is permanent and unusual. It is also possible that you are simply a noncustodial parent.

    I would recommend spending an hour with a lawyer and taking a close look at the file for any court records involving you and the kids, particularly any case involving DCS. If your parental rights have not been terminated, you can go back to court to get a visitation schedule and work towards getting your kids back. If you are primarily concerned with the possibility that your ex may harm the kids if he gets custody, it is possible for you to bring those concerns to the attention of DCS or the court whether or not your parental rights have been terminated.

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