A question litigants often have when they receive an unfavorable trial court order is whether they can appeal or challenge it. Within a trial court, a Motion to Reconsider or Motion to Correct Errors may remedy the situation. However, if that is not the case depending on a number of factual and legal variables, you may want to consider an appeal. Appeals may be taken to the Indiana Court of Appeals or Indiana Supreme Court.1 This blog explores the three major types of appeals. The first two are taken to the ...
January 6, 2015 / Custody Modification
Child custody is often one of the lengthiest processes in family law, and continues on, often for several years until the child is emancipated. Custody is often ongoing and fluid. Maybe the work schedule of the parents has changed or a parent is required to move for a job. These and many other factors can cause custody or parenting time modification to be filed and addressed, either by agreement or Court Order. In order to modify child custody, there are several factors that are explored, including, the ...
November 27, 2014 / Divorce
Dissolution matters often involve issues of both child custody and support and property division, including the division of assets and debts. The information gathering phase of dissolution can be lengthy to accurately determine the numbers, accounts, schedules, etc. of the parties to appropriately determine custody, support, and division of assets and liabilities. Delay can further occur in the dissolution process if allegations are made by one or both parties, or even a third party. For example, during the course of a dissolution proceeding, ...
In matters of personal injury, key legal components of a case can include negligence and liability. A person is negligent if they owe a duty to another, breach that duty, and the person caused injury as a result of that breach, and there are damages. In personal injury cases, often the case comes down to the actions of the parties involved, and who is liable for any damages. By way of example, think of a car accident scenario. Driver A strikes ...
If you are involved in a legal dispute and retain an attorney to help manage the matter and work through its resolution, there is often voluminous amounts of information that need to be shared between the attorney and client. Often the underlying legal dispute has been years in the making–but faced with conflict we all want the matter resolved sooner rather than later. On top of this, the situation or dynamic involving the matter may be changing as the litigation moves forward, and to form ...
Parenting is a personal matter, with each family operating a little bit differently. Some families have a stricter disciplinary parenting style, while others are much more relaxed. Parents are given the general freedom to raise their children the way they see proper and fit. However, there are exceptions to encourage the mental and physical safety of children. Indiana law provides for protection of children through a number of statutes. There are child support statutes to ensure that children whose parents are separated are provided ...
Statutes of Limitations: Drop Dead Dates and What They Mean to Your Case In the Trial Court or Court of Appeals
April 12, 2012 / Appellate Practice
The American court system is one filled with deadlines: deadlines for discovery to find out important information to proceed with a case to trial, deadlines for filings of numerous types, and to begin with, deadlines for initiating a lawsuit. There are numerous rules in the court system regarding statutes of limitation and when one can timely file a lawsuit (or appeal by a Notice of Appeal). Often, one of the first questions Ciyou & Dixon, P.C. attorneys ask when speaking ...
February 28, 2012 / Divorce
One key aspect of human nature is to see our problem(s) as more important than everyone else’s problems. In addition, the need for a timely resolution of any given stressor is important to living a fulfilled life. As domestic advocates at Ciyou & Dixon, P.C., we observe these two factors collide and often create great duress for clients when child/ parenting time disputes arise. The protective nature of a parent (with perhaps some unresolved emotion from the divorce itself) necessitates a dispute be settled ...
Few things domestic attorneys observe in daily practice, including Ciyou & Dixon, P.C. attorneys, pull at the heartstrings more than a child caught between two well-intentioned parents in a bitter custody dispute. It is for this reason that child custody lawyers, evaluators, and judges use wide variety of words to parcel out legal custody (and physical) with some precision at times. Sometimes as successor counsel, or just a friend reading another friends divorce paperwork, ...
November 15, 2011 / Appellate Practice
At some level, law is unique because it is a model based largely on conflict and dispute and the concept of fault. Most every person or business entity takes issue with being at fault. In the ideal world (which few of us ever experience because life is a messy, non-linear process), the legal system’s foundational laws prevent conflict by an ever-developing body of law responsive to society. Where this is not the case, litigation in a trial court ...