Legal Question in Family Law in Indiana

notice of hearing

I use to live in Indiana, but have moved to FL. If I'm not being notified of a hearing in Indiana by the Clerk of Courts, is that illegal?

I do not have an attorney at this time. Who is suppose to notify me? What if no one notifies me & they have the hearing without me? Can the hearing be finalized by telephone if I cannot afford to fly there for a hearing?

Also I'm not receiving any court ordered child support from the childs father. I was also told by an attorney that I cannot get full custody even if my child doesn't want to visit or talk to his father. This is what my 14 year old son wants, is this true?

What can be done about this?


Asked on 4/05/00, 8:55 am

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: notice of hearing

You are supposed to be notified of any hearing date that involves you. The notice of hearing is to provide a certificate of service stating that the opposing side was given notice of the hearing. The notice of hearing could get lost in the mail, the notice may not get to you because your ex is handling this on his/her own and is not familiar with this. In any event if you have a case number than call the court to find out what has been filed and if a hearing has been set. The opposing attorney or party is suppose send out the notice of hearing to you. If you can not attend personally than file a motion to attend by phone, whereby you are requesting that the Judge allow you to appear by way of phone. If you are not receiving any court ordered child support than file your own motion, a motion for contempt for failure to pay child support. This gets very complicated and involved. I suggest that you move forward with your case with the assistance of an attorney.

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Answered on 4/19/00, 2:20 pm


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