Legal Question in Family Law in Indiana

visitation jurisdiction and lawyer fees

My ex is trying to take my to court for visitation, but he lives in Minnesota. He keeps trying to tell me if I do not show up for court there they will approve whatever he wants. Myself and my son have never lived in MN and we have been in Indiana for the last 5yrs. I also can not afford to get a lawyer right not to even be able to fight him. There has been all sorts of problems whenever I have let him see our son I have never denied him visitation, but it's hard when he never keeps him for the amount of time he says he's going to, he won't bring him back when he is supposed to bring him back. Then there was a time he called and harassed me making claims that my 3yr old son was molesting his 6m old daughter after I told him I was not going to give him any money and that if I didn't give him the money he wanted he would keep him so I had to come pick him up. I don't even understand why he is trying to get visitation because he has only seen our son a handful of time since we have been apart and he can't even pick him up regularly now. If he does try to take me to court can I make him pay for my fees and will I have to go to his state even though I have never lived there?


Asked on 1/15/09, 9:46 pm

1 Answer from Attorneys

Re: visitation jurisdiction and lawyer fees

You are going to have to post this in Minnesota and Indiana with additional facts, as a Minnesota lawyer would be able to tell you whether a court there has jurisdiction. You need to advise where your divorce was obtained. The general rule is that if both of you are now in different states than the one that granted the divorce, visitation issues are heard where the child has lived in the last 6 months. However, you would need to file a case here in Indiana asking to modify the existing parenting time order. The Indiana judge would talk with the Minnesota judge and agree that Indiana would court would have jurisdiction. Hope this helps.

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Answered on 1/15/09, 11:04 pm


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