Legal Question in Family Law in Indiana
I am divorced and live in Indiana; my ex-husband is the Birth father of 4 of my children. He has paid no support in the 1 and 6 month since the divorce and 4 months of separation before that. He has not completed any of the court requirements to get visitation (classes on Dealing with divorce, anger management, or paid his court fines or fees now totaling over $2,100). In the divorce decree it states he has no parenting time. In the last 18 months he has been convicted of breaking the restraining order (invasion of privacy) 3 times once as a misdemeanor and 2 times as a felony, and is currently in Jail for 6-8 months for this. Her has been out of I have re-married and changed my last name to my new husband's, I would like to change my first 4 kids last names to my new last name. Can I files this with the court and file it as the birth father has abounded and does not need to notify or do I need to have him served in Jail.
I am there Mother and primary guardian I would also like to name my new husband as there second legal guardian. How would I do this? I went to the Title IV office (child support and guardianship is handled by Title IV division in Indiana) and asked the receptionist she looked at me clue less.
1 Answer from Attorneys
IV D does not deal with these issues. Sounds to me like your husband can adopt the children without the need for the biological father's consent. See a local attorney.