Frequently Asked Questions

Our standard hourly rates are $300.00 for Donna J. Bays, and $120.00 for paralegal services. Fees for some services may vary. For more information about our fees, click here.

Hours are by appointment. We are generally available 9:00 a.m. to 5 p.m., Monday through Friday. If you would like to make an appointment please call us at (317) 769-0630.

We generally charge for our consultations because we use those appointments to give you important legal information and advice. For more information about our consultations, click here.

The amount of your retainer will be based upon several factors, including the complexity of your case and whether you authorize automatic credit card payments. The most common retainer amount is $3,500.00.

Yes, but we will not start work on your behalf until the full retainer is received.

Not at the start of a case.

A legal consultation will let you explain your circumstances and get legal advice from one of our attorneys. In some situations, the information and advice you get from a consultation will let you avoid further litigation.

When clients are far away, we provide consultations via video conference (Skype, Google Meet, etc.) or telephone.

Child support must be court-ordered. If child support is all you need, your local prosecutor’s child support office may be able to help you at very little cost. When the financial circumstances of either parent are complicated or a parent has non-W- 2 income, we recommend hiring an attorney to calculate the correct amount.

Child Support cannot be changed informally. In order to reduce support, you will need a court order. This is started by filing a Motion to Modify Child Support.

You will need a court order that spells out each parent’s child access rights. If you already have a court order for parenting time, you can file an enforcement action asking the Court to hold the other parent in contempt.

We strongly recommend that you consult with an attorney right away.

A Probate Court Judge can appoint a guardian for minor children unless another court has already issued custody orders. Click here for more information on minor guardianships. If the parents have a prior or current divorce or paternity case, or a current Child in Need of Services (CHINS) case, you will need to file a motion in that case requesting third-party custody.

Probably not. Until a child turns 18, most courts won’t allow that unless another person adopts the child or there is a significant history of child abuse or neglect.

You can’t get divorced without a Court Order. BUT: You won’t have to appear in court if all issues in your divorce case are settled and the proper documents are submitted to the court, you won’t have to physically go to Courthouse. It can all be done on paper.

The common methods to settle without going to Court are:

• Direct negotiation between the parties
• Negotiation with the assistance of lawyers
• Mediation
• Arbitration

Register with Indiana’s Putative Father Registry to protect your parental rights. Click here for the form.

The law does not require husbands and wives to live together. You can live apart without any court intervention if that’s what you both want. Indiana’s “legal separation” laws authorize the court to issue orders concerning children, support, property, and debts for couples who need them to live apart peacefully. However, under Indiana Law, those orders are only valid for 1 year. They must be renewed annually.

Yes. When you adopt a child, you become that’s child’s parent for the rest of your life. Your divorce won’t change that.

Indiana has a relocation law that can stop parents from moving their children. Contact an attorney right away to discuss your rights under the relocation law.

As a matter of law, you will be that child’s legal father unless you get a court order to the contrary.

Parenting Coordinators must be appointed by a court.

Under current Indiana law, child support stops at age 19. Orders to pay college expenses can go past that if a motion requesting college expenses is filed before the child’s 19 th birthday.

Even if you didn’t get a pre-nup before the wedding, there are ways to protect your assets. The most common are post-nuptial agreements and trust instruments.

Parenting Coordinators must be appointed by a court.

If you and the other parent can’t figure out a way to agree on basic child issues including parenting time, clothing, extracurricular activities, etc.; you may benefit from a Parenting Coordinator. Click here for more information about Parenting Coordination.