In the 1960s, it was common for a parent and child(ren) to take a “vacation” to another state, file divorce, and have this new state decide custody matters. Ultimately, this gained enough attention that the laws changed, as this new state would not have the necessary evidence to decide custody fully in a child’s best interests, and as a policy matter, “rewarded” a parent who fled to avoid a court best positioned to decide divorce, custody, and property matters. For this reason, more or less uniform child custody jurisdiction laws1 were ...
February 24, 2015 / Custody Evaluation
Disputes over child custody, parenting time or visitation are often referred to third party professionals to investigation the matter fully and make a recommendation to the court.1 This process often leads to settlement and more streamlined trials. However, a court, who must use its discretion and make a child custody determination is not bound by an evaluator’s recommendations, but is likely to follow them. Custody cases usually involve a great-deal of emotion and “he-said, she-said.” For this reason, the key point of the evaluator—making a best interests recommendation to the court--is ...
January 19, 2015 / Supreme Court
The sometimes-bitter litigation between a child’s adoptive parent and her grandparents who raised her from a young age yielded a decision from the state’s highest court that family law experts believe may represent a significant shift in adoption cases...read more on Indiana Lawyer.
In previous blogs we have discussed what property is considered “marital” property and subject to division between the spouses when they divorce. Generally, all property owned by either spouse before or during the marriage, regardless of who is the account holder or title holder, is “marital” and divided equitably (fairly, usually 50/50). Determining what IS marital property is only the first step towards dividing it up during a divorce action. The second step is to determine the value. The court has discretion to chose ...
There are two (2) major types of Orders that a court could issue which would prevent contact of some kind with another person. It is important to know the differences to understand your rights, and relief available if the Order is violated, or the punishments/implications for violating an Order. Protective Orders, or POs, are a civil lawsuit used to protect a victim against a harasser or stalker. POs are civil lawsuits, which require an individual person to petition (ask) the court for relief. POs are in ...
With our society becoming more and more mobile, and travel becoming easier, relocation from state to state, city to city, and even country to country, is becoming a common issue in post divorce and paternity cases. When one parent desires to relocate far enough away that the current custodial arrangement becomes unworkable, then what? Adding to the confusion is the trend that more and more parents are sharing joint physical custody. Either parent can relocate to a new town, city, ...
October 9, 2014 / General Practice
No matter how good your side of the events may be, it is important to keep in mind that the issues with child custody, divorce, property division, etc. are before a judge for a short time. This means that even though the facts and your story may have many variables and patterns that have gone on for years, you only have a short time to tell your story to the judge and make a good impression. The judge ...
Sometimes during divorce, paternity, or other contested custody cases, clients will wonder how to the court will view them for disliking their former spouse or significant other. Will the court judge him or her poorly for disliking the other parent of his or child? Will the court make decisions that adversely affect custody or parenting time for the parent that doesn’t like the other parent? The simple general answer is no, a court will not likely dole out justice unfairly ...
Any Order that a court issues during the pendency of a Divorce or Paternity case, that is not a final Order of all issues, is a provisional Order. These can also be called "interlocutory”, “preliminary”, or “temporary” Orders. A Provisional Order is meant to maintain the status quo as close to possible. Any time a divorce action begins, there are inherently a lot of life changes, especially if someone has moved out of the shared house, and there are ...
Anytime a parent, either the custodial, or noncustodial (or if the share joint physical custody) wants to move, the relocating parent must file a Notice of Intent to Relocate, and state the reasons why one is seeking to relocate1. The non-relocating parenting has the opportunity to object to the relocation within sixty (60) days. As a general rule, parents, as adult individuals, may relocate and move wherever they wish, and a court cannot prevent them from doing so, as it would violate the constitutional right to ...