What To Do If Your Child Comes To Live With You Unexpectedly!!!

Posted by Corey L. Scott | Mar 09, 2023 | 0 Comments

When parents legally separate or divorce, they will need to proactively go to court to establish parenting time, custody, and decision-making authority. However, some people never do so and create their own internal agreements on these matters.

While it may work for some families, it doesn't guarantee any form of legal protection and rights over the children. In Indiana, this is especially true for the father.

Indiana Assumes All Power is Vested in the Mother

Without going through the legal process of establishing parenting time, custody, and decision-making authority, the State of Indiana assumes that all powers are vested in the mother. She then has all legal rights over the child, even if there are private agreements that dictate the father shares some of these rights as well.

It happens a lot in Indiana when the father has custody of their children albeit without an official court proceeding. When the mother swoops in and takes custody of the child, the father ends up without relief at the wrong end of the custody battle because they never went to court to establish rights and responsibilities over the child from the get-go.

File a Petition to Establish Paternity Custody and Child Support

In scenarios like this, it's important for any parent (but especially fathers) to protect their rights over their kids by going to court. They should make things official by filing a petition to establish paternity custody and child support, which gives them an order in writing that reinforces their rights.

Even if the father finds himself with custody of the child unexpectedly, they should file the petition immediately instead of waiting for everything to blow up and him ending up with no legal relief.

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.


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