[IN] How do I file for custody and support, and what can I do if the other parent has moved out but continues to harass me?

Lexi, Chatbot

I understand how challenging and stressful a child custody and support battle can be. Can you tell me how long this situation has been ongoing?

Lexi, Chatbot

Have you already filed any legal documents or petitions regarding custody and support?

Queeneth E. Esq

Hello and welcome to our service. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer. (Kindly note that our conversation does not establish attorney-client relationship.) Could you tell me more about the form you filled out?

Can you please tell me which state or country you and your children currently live in? What specific concerns do you have right now—are you most worried about custody, support, or both?

Queeneth E. Esq

In Indiana, the first practical step is to actually file. Until a case is opened, the court cannot issue enforceable orders for custody, parenting time, or child support. (IN Code § 31-14-10-1) Indiana’s Self-Service Legal Center and Indiana Legal Help both provide family-law form packets for people filing without a lawyer.

What you should file depends on whether you were married to the children’s father. If you were married, the usual route is a divorce with children case. If you were not married, then:

• If paternity has not been legally established, start with a Petition for Paternity. (IN Code § 31-14-4-1)
• If paternity is already established, you can file to establish custody/parenting time and child support.

Because you said you do not work and cannot provide for the children yourself, I would do both of these right away:

1. Open the court case for custody/parenting time/support.
2. Enroll with Indiana DCS Child Support Services, which is free and can help establish and collect support.

Also:

• Use the Child Support Calculator for required worksheets.
• Contact the Parenting Time HelpLine for guidance.
• Gather important documents (children’s info, income, expenses, etc.).
• File in the correct county.

If there is any abuse or fear for safety, Indiana also has protection-order resources. Filling out the forms is not enough — you need to submit them.

Do you have any other questions?

Queeneth E. Esq

Yes. For the custody/support case, you generally submit the forms in one of two ways:

• File with the clerk in the county where the case belongs.
• E-file them using Indiana’s statewide e-filing system.

Also, you must file an appearance form as a self-represented party. The steps are:

1. Finish the correct packet
2. Sign it
3. Make copies
4. File with the clerk or e-file
5. Keep stamped copies

On the second issue, if he is knocking, trying to force the door, or attempting to break it down and you feel unsafe, call 911 immediately. In Indiana, a protection order is usually the stronger legal option than just claiming harassment. Protection orders may apply in situations involving:

• Domestic or family violence
• Harassment
• Stalking

If his actions are causing fear of physical harm, you may qualify for a protection order. You can:

• Report the behavior to police
• File for a protection order (including for your children, in some cases)
• Even if he still has belongings in the home, you do not have to tolerate threats or forced entry. Safety comes first.