Sunday, December 27, 2009

Catching Unasked Questions 2: Relocation, custody, legal separation

Once again, I am trying to answer some queries that appear to have been unsuccessful in finding what their writers sought here. The first version of this type of post can be found here.

Indiana can a parent that has custody of child move to another state

A.  The parent can always move.  Can also move to another state depends on the custodial paent obeying the relocation statute and Parenting Time Guidelines, and then on what the non-custodial parent does.  For moe take a look at Explaining Indiana's Relocation Statute.

indiana divorce laws

A.  This one is easy.  Follow this link to the Indiana Code which has the dissolution of marriage statutes.  But this is not all the law.  Give Indiana Family Law:  Where the Law Comes From - Part 3 for more sources of law.

emergency custody indiana

A.  I have written a bit on this.  Bottom line:  no statute defines emergency custody or creates a process for dealing with emergency custody cases.  For more detail read Emergency Custody - A Starting Point, Indiana Emergency Custody/Third Party Custody - IC 31-17-2-25, and Emergency Custody: Ripley County and Allen County.

How can I get a change of a Judge in a divorce case in Indiana??

A.  Just follow Indiana Trial Rule 76(B):

 In civil actions, where a change may be taken from the judge, such change shall be granted upon the filing of an unverified application or motion without specifically stating the ground therefor by a party or his attorney. Provided, however, a party shall be entitled to only one [1] change from the judge. After a final decree is entered in a dissolution of marriage case or paternity case, a party may take only one change of judge in connection with petitions to modify that decree, regardless of the number of times new petitions are filed. The Rules of Criminal Procedure shall govern proceedings to enforce a statute defining an infraction.

indiana's rules for legal separation

A.  Not rules but statutes and those are to be found here.  They might have wanted to read Legal separation in Indiana and my archived articles on legal separation.

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