16

Jun2015
Supposing a custodial parent is permitted by a court to relocate with the child to another state, there are often matters that arise after relocation that must be decided by a court with regard to the child. This brings up a relatively frequent question of which court decides, the court in the child’s former state of residence, generally the “home state,” or the state where the child now resides. Generally, the court in the child’s former “home state” retains jurisdiction so long as the non-relocating parent resides there. However, a petition ... Read More

02

Jun2015
Where the is a dispute about a child, from its biological parent to impermissible removal of a child from his or her home to return, there are numerous statutory laws that apply to ensure the child’s best interests are met and/or the proper court hears the matter. This blog is written to summarize those for you to better understand questions you might want to ask your counsel. The Divorce Act. One of the most commonly applicable bodies of law is found under the Indiana Divorce Act statutes. This statute directs that ... Read More

21

May2015
A significant legal myth in the purchase of property is boundary lines. When a home is purchased, even a new home, the mortgage company typically requires a “survey.” There are three types of real estate surveys. With improved real property (which means a structure is built upon it), a purchase and mortgage usually requires a boundary survey. This is a legal term of art and generally means the property is the size described, such as a one-half an acre and the improvement (typically a home) is within the legal boundaries of ... Read More

03

Mar2015
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 ... Read More

29

Jul2014
While housing markets have started to bounce back after the big crash of 2007/2008 there may be several areas that have still not totally recovered. If you purchased a home in the years before the housing bubble burst, there is a strong likelihood that you purchased at the top of the market, and the house is mortgaged currently for more that it would sell for. This is a common problem in many divorces cases in the past few years, as the marital home is ... Read More

19

Nov2013
What this Means for Spouses, Significant Others and Third Parties in the Household In most criminal felony cases, a standard term or condition of probation is the probationer not possess firearms. An area of great misunderstanding is where a probationer lives in a household with his or her spouse, significant other or third party and they have firearms.  Probation, in lieu of incarceration, is ... Read More

28

Jun2012
How Mental Health May Factor into the Legal Mix The ability to raise one’s children the way one sees fit is a fundamental, constitutional right. However, all rights, even those guaranteed by the United States Constitution, have more or less obvious boundaries. Stated differently, no right is unconditional. For example and related to this blog post, children must be educated and live in a healthy and safe home. The issue of a parent with mental health diagnoses, and his or her ability to parent, is a ... Read More

01

May2012
Starting in July 1st of this year, the age children are emancipated for the purpose of child support will change from 21 to 19. With the enactment of this new law, there will be a transition time where attorneys advocate it meanings, and the trial court and ultimately Indiana’s appellate courts agree or disagree to give it legal meaning. The scope and limits of this new statute are undetermined at this time. One of the main ... Read More

09

Feb2012
Contractual Obligations, Child Support and Income Withholding, and COBRA Unlike the larger body of civil law, domestic relations has mostly grey statutory provisions that are equitable as much as they are legal. The reason for this is life is anything but organized and linear. It is messy and filled with emotions ranging from happy to sad. A trial court, by default, is left to solve financial-to-legal problems that appear to ... Read More

06

Dec2011
“I know grass grows on it! Is this what my lawyer means by our ‘Marital Property’ in Divorce?” For readers of our blog posts, you probably have a pretty good idea that divorce law has a lot of flexibility and ambiguity–and suspect this is a trick question. You are right. The answer is clearly “Yes”, but also and equally “No”. Ciyou & Dixon, P.C. attorneys frequent field (no pun intended) questions along the lines of “What is Marital Property?” The answer is important ... Read More