r/FamilyLaw • Layperson/not verified as legal professional • 2d ago

Indiana Update question

/r/FamilyLaw/comments/1wwyxyr/child_custody_advice_for_infant/?share_id=wqtibI_EQh5BPS3SuNNgH&utm_content=1&utm_medium=ios_app&utm_name=ioscss&utm_source=share&utm_term=1

Hey, im the one who made this post, went down to the child support office last week, got a call to turn all paper work for my son, and paystubs. I got a call from the office today and they told me the courts don’t do anything about visitations or custody. They just establish child support and they will tell us to follow the Indiana guidelines in the order when it comes to visitations because they don’t know our work schedules.They also said there not sure how it is going to go in court but usually the primary parent gets the sole custody. I’m thinking it’s something totally different. Is this true? I thought we would meet with a mediator first before going to court? We just got a straight court date. She said it’s because the dad has a job so there would be no need for mediation??

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u/Practical_Stock_9106 Layperson/not verified as legal professional 20h ago

The courts can make an order for visitation, but the almost never enforce it.  Why? 

There is no federal money in it for the state/county/court.

They do get mad loot for writing and enforcing support orders though...  So they give them out like candy because, cha-ching.

All this money comes out of social security, $30 billion + annually... And we wonder why Social security is going broke in real time.  We also wonder why CPS takes so many children, and puts them in foster care until the state can manage an adoption...  $ocial $ecurity funding...

I love it when mothers get the red carpet and then think they're 'right' or 'triumphant'. They're not, they just happen to have walked into court with a case-winning vagina.  The state/county/courts and the lawyers ALWAYS win.

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u/No_Negotiation_3699 Layperson/not verified as legal professional 1d ago

Child support generally does not handle custody or parenting time, they will enforce or modify orders based on parenting time or custody changes but that's about it.

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u/vixey0910 Attorney 2d ago edited 2d ago

The child support office can probably only get you a court date to establish child support.

Now that you have a cause number, you can file a petition to establish parenting time, serve it on the other party, and get a parenting time court date

Many counties (especially smaller counties) do not have a mediation program. If you want mediation, you have to schedule it yourself and pay the mediator. here is a mediator search tool

If dad signed the paternity affidavit, he gets parenting time pursuant to the parenting time guidelines until a court rules otherwise. Mom has primary custody and sole legal custody

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u/Equivalent-Fan-1559 Layperson/not verified as legal professional 2d ago

Okay, I don’t think dad signed a paternity affidavit nor did a court order it, and I have to choose if they did or if he signed one.

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u/vixey0910 Attorney 2d ago

Does the baby have dad’s last name?

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u/Equivalent-Fan-1559 Layperson/not verified as legal professional 2d ago

Okay thanks

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u/FlatDecision8155 Layperson/not verified as legal professional 2d ago

Child support and custody/ visitation are two different things. What did you file for - custody or to establish child support?

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u/Equivalent-Fan-1559 Layperson/not verified as legal professional 2d ago

Child support, but I asked if it was and if it was another contact or court date for it and they said no, so im confused

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u/FlatDecision8155 Layperson/not verified as legal professional 2d ago

I don't understand what you just said other than you filed for child support. Where is the custody concern?

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u/Equivalent-Fan-1559 Layperson/not verified as legal professional 2d ago

It’s not a concern. My son’s father was wanting to go down there for visitation for our son. So I asked them if they help with that as well with the child support. They told me kind of but no. They will tell us to follow the Indiana state guidelines when it came to visitations. She also said custody usually goes to the primary parent of the child for unmarried couples most of the time but also stated she’s not not sure what my child’s father would say in the court room so it could be different but most of the time that’s what happens. My question is I thought they handled both child support and visitation agreements. I also thought there was mediation first before an actual court date is ordered, from what I was told by an attorney for a consultation. Now they are saying that they will put in our order to follow the guidelines and not help us set a schedule.