Legal Question in Family Law in Indiana

Termination of Parental Right

My ex-husband is being sentenced at the end of this month for molesing my daughter. He will never be allowed to have contact with my children again, according to the terms of the sentencing and probation, parolle etc. My daughter is 11 and does not want him to have any parental right, as do I. She also wants her name to not be the same as his.He lives in Indiana, where our divorce was granted and we live in Kentucky. Do we have to have an attorney, or can we do this with out one? Or can this be handled at his sentencing?

If this can be handled at his sentencing who do I go to?


Asked on 2/10/04, 11:55 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Termination of Parental Right

Generally, in Indiana, a parent's rights cannot be terminated except in a proceeding brought by the Office of Family and Children or the Prosecutor at their request or except in an adoption proceeding. You may obtain a court order with a permanent injunction against parental contact, but this is not necessarily a termination of rights. To change a name, you would have to check Kentucky law, since that is your state of residence. You probably should have a certified copy of the criminal court judgment filed in your divorce proceeding.

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Answered on 2/10/04, 3:03 pm


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