Often, during divorce or paternity matters, physical custody (who the child lives with) is either divided jointly or one parent is granted custody and the other parent is granted parenting time1. But what about parties who are not parents? Can they get visitation with the child?
There are three main categories of parties who can petition the Court for visitation: parents, stepparents, and grandparents2. However, just because one of these persons wishes to have visitation, there are still hurdles to ... Read More
31
Dec2013
01
Oct2013
As family law matters progress, one of the first issues to be determined by the parties is parenting time/custody. In some instances, the parties can agree to or are ordered to have joint physical custody. Other times, one parent is granted sole physical custody pursuant to the other parent’s parenting time.
Parenting time is often granted, at a minimum, pursuant to the Indiana Parenting Time Guidelines (IPTGs)1. Generally, for older children, this ... Read More
16
Jul2013
As a general rule, in matters where child custody and child support are at issue, the Court will grant parents joint or sole custody and Order an obligation for child support to be paid. Often, the Indiana Parenting Time Guidelines (IPTG)1 are used as a baseline for determining parenting time for the non-custodial parent. For older children, IPTG parenting time for non-custodial parents is a midweek time and every other weekend.
However, as the IPTGs state, they are only a guide/model, and ... Read More
27
Jun2013
During the course of domestic proceedings, paternity may be at issue. There are, of course, original paternity actions, but paternity may also be at issue for related cases. For example, a third party seeking to modify custody or get a guardianship of a child will need to explore if paternity has been established before filing.
So, who can file a paternity action?
A mother or expectant mother,
a man alleging that he is the ... Read More
20
Jun2013
In domestic cases, there may be a number of experts that are called upon to testify during a hearing. For example, a doctor may testify about a child’s medical condition, a CPA may testify about the value of a business, or a clinical psychologist may testify about a custody evaluation performed.
However, there are limitations to who is an expert and what witnesses can testify about. For example, under Indiana law, a licensed clinical social worker ... Read More
06
Jun2013
In domestic law cases, one aspect of child custody is communication between a parent and child when the other parent has parenting time. Keeping those lines of communication open to allow a child access to both parents via phone, internet, mail or otherwise allows for strong relationships to continue with both parents, despite the child’s physical location.
The Indiana Parenting Time Guidelines (herein, IPTG) provide guidance as to communication and ways to keep the lines of communication open1. ... Read More
28
May2013
In domestic law and litigation, the majority of decisions and findings are based on what is in the best interests of the child(ren)1. For example, in determining initial custody or whether to modify custody, the best interests of the child are paramount and the state statutes defining the elements/information to be reviewed use the language of “best interests”2.
But what exactly is the definition of the best interest standard? Put simply, it is truly what is best for the child. ... Read More
14
May2013
The newly revised Indiana Parenting Time Guidelines (herein, “IPTGs”) address several issues relating to parenting time in Indiana, and provide clarification for a number of scenarios to help parents best utilize their parenting time schedules.
The IPTGs are just that, a guide, and the parties can agree or be ordered to implement a different schedule or parenting time arrangement as necessary. However, in many cases, when an agreement cannot be reached, the IPTGs provide clarification.
The IPTGs provide guidance for topics ... Read More
25
Apr2013
When custody and parenting time have been determined in a divorce or paternity action, a parenting time schedule is often put into place. Generally, a standard parenting time schedule when one parent has been granted primary or sole physical custody of a child over the age of three (3) is that the non-custodial parent will receive a midweek visitation (this may be overnight depending on the age of the child and the circumstances of ... Read More
07
Mar2013
A recent House Bill to unanimously pass the Indiana House of Representatives addresses issues of guardianship and custody and the inclusion of information from the Indiana Department of Child Services (DCS) and Children in Need of Services (CHINS) in the guardianship and custody proceedings.
House Bill 1041provides that if a person files a petition to establish or modify a guardianship, visitation, or child custody, that person shall submit a verified petition whether ... Read More