Elizabeth  Milliken

Elizabeth Milliken

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  • Criminal Law, Family Law, DUI & DWI ...
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Practice Areas
Criminal Law
Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Paternity, Restraining Orders, Same Sex Family Law
DUI & DWI
Domestic Violence
Domestic Violence Criminal Defense, Domestic Violence Restraining Orders, Victims Rights
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Juvenile Law
Legal Answers
Q. I Was being abused at the time of my son’s birth. He is now 6 and I want dna pushed to get my ex out of our life.help!
A: I need to know more details about your case to be sure, but, if you have good reason to suspect that your ex is not your son's biological father, then you may have a legal basis for asking the Court to rescind the paternity affidavit.

Ind. Code 16-37-2-2.1(r):

Before a paternity affidavit executed under this section is signed, it must be presented separately to:

(1) the child's mother; and

(2) the man who reasonably appears to be the child's biological father;

so that the child's mother may review the affidavit alone and without the presence of the man who reasonably appears to be the child's biological father, and so that the man who reasonably appears to be the child's biological father may review the affidavit alone and without the presence of the child's mother. A signed paternity affidavit is voidable if the requirements of this subsection are not satisfied.

If this procedure was not followed at the time the paternity affidavit was signed, the affidavit is void by operation of law. If a court has entered a judgment of paternity, however, it will likely be more difficult to have the paternity affidavit and the judgment of paternity rescinded.
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Q. Is it OK for a 15 year old to be putting their hands on a 4year old and they are leaving marks on them
A: Based on the facts you gave, I would say it is not okay. In fact, if your daughter is intentionally hurting your son, she could be charged with a criminal offense. Additionally, you are obligated by law to protect your son from being harmed by your daughter. This means if DCS were called due to concerns that your son is being abused and if DCS determined that you could not or chose not to protect your son from your daughter's abuse, then DCS could remove your son from your care.

I don't know anything about your daughter's history, but, at the very least, she should be seen by a therapist. Also, in Indiana, all adults are required by law to make a report to law enforcement or DCS if they have reason to suspect that a child is being neglected or abused. ... Read More
Q. in indiana< if i violate probation efore the expire date, but did not committ a crime will my probation end
A: A Notice of Probation Violation automatically extends the probation period until the violation is resolved.

If the violation is based upon failure to pay fines or probation fees and you are not able to pay, you are entitled to an indigency hearing. If the judge finds you indigent, then payment of fines and fees should be excused.
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Contact & Map
Milliken Law LLC
1512 N Delaware St
Indianapolis, IN 46202
Telephone: (317) 300-4346