Filing Motions In Indiana

Summary

Filing a motion for contempt during a pending bankruptcy can conflict with proceedings due to an automatic stay. Its advisable to consult with a bankruptcy attorney to understand potential implications. For family law issues, such as modifying visitation rights or changing venue, use Indiana Legal Help forms. Consider filing a motion to change venue first to streamline subsequent legal actions. Unauthorized entry by a noncustodial parent can justify a protective order. Both parents can communicate with individuals involved in their childs activities, but actions violating custody agreements may require legal intervention. Document any harassment or interference for legal claims.

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I need to file a motion for contempt regarding issues ex non compliance with INPTG, failure to removed my name from joint liability. I would also like to file for modification of visitation rights, modification of support. What is the order in which I should file
****, here’s a general order for filing your motions:
*. Motion for Contempt: Address non-compliance issues first.
*. Modification of Visitation Rights: Prioritize child's welfare.
*. Modification of Support: Adjust financial obligations.
Would you like more details on how to file these motions in Indiana?
What if any negative implications can arise if I file motion for contempt while a bankruptcy case is wating to be discharged
Filing a motion for contempt while a bankruptcy case is pending can have several negative implications:
- Automatic Stay: Bankruptcy typically triggers an automatic stay, which halts most legal actions against the debtor.
- Conflict: The motion for contempt may conflict with the bankruptcy proceedings, potentially delaying both cases.
- Sanctions: Violating the automatic stay could result in sanctions.
Would you like more details on how to handle these filings in Indiana?
yes
To handle these filings in Indiana:
- Consult with a bankruptcy attorney to understand the implications of filing a motion for contempt during bankruptcy.
- Coordinate with your family law attorney to ensure motions for visitation and support modifications are properly timed.
- File motions in the appropriate family court.
Would you like contact information for local legal assistance?
If there is a joint legal debt that ex has not removed my name from be brought up in bankruptcy case
Yes, joint legal debt can be addressed in a bankruptcy case. Here are some key points:
- Automatic Stay: The bankruptcy will initially halt actions to collect the joint debt.
- Discharge: If the debt is discharged, your obligation may be eliminated.
- Responsibility: Creditors can still pursue you if the debt is not discharged.
Would you like more details on how to proceed with these issues in Indiana?
Will my bankruptcy trustee be able to see recourse from ex for money I paid him for divorce settlement?
Yes, a bankruptcy trustee can investigate and potentially seek to recover money paid to your ex as part of a divorce settlement, especially if it occurred within a certain period before your bankruptcy filing. This could be considered a preferential or fraudulent transfer.
Would you like more detailed information on how to proceed with this in Indiana?
Yes. I paid my ex $* to settle divorce in *. Is that within statutes to seek recourse
To determine if you can seek recourse for the $* paid to your ex in *, consider the following:
- Statute of Limitations: Indiana's statute of limitations for fraud is generally six years.
- Fraudulent Transfer: Payments made within two years before filing for bankruptcy could be scrutinized.
- Preferential Transfer: Trustees can recover payments made within 90 days prior to bankruptcy.
Would you like assistance in contacting a local attorney for further guidance?
I am currently paying remainder of my retainer fee for an attorney I have retained
****, since you already have an attorney, it's best to discuss these specific details with them. They can provide tailored advice based on your case's nuances and ensure proper timing and filing of all necessary motions.
Would you like any additional legal information on this matter?
No thank you
Since you are already working with an attorney and have received specific guidance, it seems you are on the right track. If you need additional legal information in the future, feel free to reach out. Best of luck with your case!
Does an ex spouse have rights to intertwine and build the same friendships and church connections as the children and I
Your ex-spouse generally has the right to form their own friendships and church connections. However, if these interactions negatively impact your children or create a hostile environment, it may be worth discussing with your attorney to consider any necessary legal actions for the welfare of your children.
Is there a specific concern or issue with your ex-spouse's involvement in these areas?
Yes. We have a very contentious relationship.
****, given the contentious relationship and the concern about your ex-spouse's involvement in your social and church circles, it may be worth discussing potential legal recourse with your attorney. They can guide you on whether any actions can be taken to ensure a stable environment for your children.
Would you like more information on how to address this through legal channels in Indiana?
I have spoken with legal counsel through Indiana Legal Help, spoken to counsel via Indiana Kids Help Line and with an attorney via Allen County Bar association free legal advice.
You've already sought advice from multiple legal sources, which indicates you're taking thorough steps. Given your contentious relationship, it’s crucial to work closely with your attorney. They can help navigate potential issues around your ex-spouse's involvement and ensure the welfare of your children.
Would you like more information on any specific aspect of your case?
I was informed that since divorce decree includes both financial and custodial order, it will remain open until the youngest child is *. That I can file motions using the Indiana Legal Help forms with no additional fees. Is that accurate
Yes, it's generally accurate. In Indiana, if your divorce decree includes financial and custodial orders, the case remains open until the youngest child is *. You can file motions using Indiana Legal Help forms, often without additional fees.
Do you need specific guidance on how to file these motions?
yes
To file motions using Indiana Legal Help forms:
- Visit the Indiana Legal Help website: [indianalegalhelp.org](https://indianalegalhelp.org)
- Navigate to the "Forms" section.
- Select the appropriate forms for your motion (Contempt, Visitation Modification, Support Modification).
- Follow the provided instructions for completing and filing the forms.
Would you like more detailed steps on completing any specific form?
Does this mean that it is not neccesary to retain a separate attorney than my bankruptcy attorney to file these forms
****, you may not need a separate attorney if your current bankruptcy attorney is experienced in family law and can handle both matters. However, it’s often beneficial to have a family law attorney for specific family-related issues to ensure all aspects are properly addressed.
Would you like more details on finding a family law attorney in Indiana?
If I would like to file the motion for contempt but also considering a motion to move venue to county that chldren and I now reside. In antipication that mediation will be ordered and will benefit the kids to have it in community they live. Should I file that motion before contempt
In your situation, it's generally advisable to first file the motion to move venue. This can ensure that all subsequent matters, including the motion for contempt, are handled in the new venue where you and your children reside. This approach can streamline the process and better serve your children's interests.
Would you like more details on how to file a motion to move venue in Indiana?
yes
To file a motion to move venue in Indiana:
- Visit [Indiana Legal Help](https://indianalegalhelp.org)
- Navigate to the "Forms" section.
- Select the "Motion to Change Venue" form.
- Follow the instructions for completing and filing the form.
Would you like detailed steps for completing this specific form?
Is that covered under the provisions of the current divorce decree staying open until youngest child is *
If the divorce decree includes provisions for both financial and custodial matters and remains open until your youngest child turns *, you should be able to file the motion to change venue within the same case.
Would you like detailed steps for completing the "Motion to Change Venue" form?
yes
To complete the "Motion to Change Venue" form, follow these steps:
*. Visit [Indiana Legal Help](https://indianalegalhelp.org).
*. Go to the "Forms" section.
*. Locate the "Motion to Change Venue" form.
*. Fill out the form with your current case details and reasons for the venue change.
*. Submit the completed form to the court where your case is currently filed.
Would you like help with any specific sections of the form?
Can I file a protective order against noncustodial parent for interferring outside of his visitation rights
Yes, you can file for a protective order in Indiana if the noncustodial parent is interfering outside of their visitation rights and it negatively impacts your or your children's safety and well-being.
Would you like guidance on how to file a protective order in Indiana?
Is it enough proof that he has entered our residence with out permission multiple times, even after being asked. So much that I had to contact landlord and pay for locks to be changed
Yes, repeated unauthorized entry into your residence can be strong evidence for a protective order. Document each incident, any communication asking him to stop, and receipts for lock changes.
Would you like more details on how to file a protective order in Indiana?
Does non custodial parent have right to hold private conversations with coaches regarding our son
In Indiana, both custodial and noncustodial parents generally have the right to communicate with individuals involved in their child's activities, such as coaches, especially if it concerns the child's well-being or performance. However, if these interactions are causing issues, it might be worth discussing with your attorney.
Would you like more information on how to address potential concerns legally?
Could it be considered harassment that noncustodial parent tells me he fully intends to attend church where the kids and I attend because he believes it is in the best interest of the kids. Even though he does not have a court order changing visitation arrangements, moved away 4years and has not attended church regularly ?
Repeatedly attending your church after moving away and not attending regularly for years can be viewed as harassment, especially given your contentious relationship. Document these actions and any negative impacts on you or your children.
Would you like more details on how to address this through legal channels in Indiana?
Does non custodial parent have the right to tell me as the custodial parent what he believes is in the best interest of the kids and intentionally follow through on what he intends
The noncustodial parent does have the right to express their opinions about what they believe is in the best interest of the children. However, they must follow the terms set in the custody agreement and court orders. If their actions violate these terms or negatively impact the children, legal action may be necessary.
Would you like more information on how to address these issues legally in Indiana?
Can it be seen as negatively influencing my relationship with my sons for noncustodial party to forcibly make me not attend church because he believes it is his right to be physically present in our church
Yes, forcibly preventing you from attending church can negatively impact your relationship with your sons and may be seen as harassment or interference. Document all instances of such behavior, as this evidence can support a legal claim.
Would you like more information on how to file for a protective order or modify visitation rights in Indiana?
Should I file the protective order before filing for change of venue
It's generally advisable to first file the motion to change venue. This ensures all subsequent matters, including the protective order, are handled in the new jurisdiction where you reside. This approach can streamline the legal process and better serve your interests.
Would you like more detailed steps on filing the motion to change venue and then the protective order in Indiana?
please help me find form to change venue
To find the form to change venue in Indiana, follow these steps:
*. Visit [Indiana Legal Help](https://indianalegalhelp.org).
*. Go to the "Forms" section.
*. Locate the "Motion to Change Venue" form.
*. Download and fill out the form with your case details and reasons for the venue change.
*. Submit the completed form to the court where your case is currently filed.
Would you like help with any specific sections of the form?