Often in domestic litigation, the process is lengthy, and extends over a long period. Domestic cases involving children may last for several months or even years, depending on the age of the children when the case begins. It can be a frustrating and highly emotional experience to be involved in domestic litigation, and often the parties just want to get the matter over and done with. However, not everything can be done immediately, or sometimes even for several weeks. For example, when filing for ...
September 25, 2014 / Same Sex Marriage
As the marriage debate continues, we continue to update the cases and related information regarding same-sex couples in Indiana. In the past few weeks, an update out of the Southern District of Indiana was issued, and it was held, as a preliminary matter, that Indiana must recognize the same-sex marriage of parties who wed in Massachusetts as valid. The Order on Preliminary Injunction (requiring Indiana to recognize the out-of-state marriage of the parties) was granted and Ordered on or about May 8, 20141. The parties, Niki and Amy, were ...
Ciyou & Dixon, P.C. - Attorneys At Law, Bryan L. Ciyou and Lori B. Schmeltzer to present oral argument of B.C.H adoption before the Indiana Supreme Court, Thursday, September 25th, at 09:45am. Click here to review the Indiana Court of Appeals opinion. Click here to watch the Oral Argument before the Indiana Supreme Court.
Often, parties engaging in litigation have spent countless hours and invested huge portions of their lives into their case. And, there is often a great expense to litigating, in both preparation, job impact (taking time off for Court and to prepare for your case), and attorney fees. So, can some of that money spent be recouped? In Indiana, the American Rule as relating to attorney fees is generally followed. That is, that each party pays his/her own attorney fees. However, there are exceptions ...
September 18, 2014 / Parenting Time
Creating an agreeable and/or feasible parenting time schedule, coordinating between 2 busy households is difficult. However, adding an agreeable transportation schedule/plan to effectuate parenting time can be just as difficult. Often, parents may not live down the block from one another. Jobs, family, or opportunities may leave parents 45 minutes or further apart. Pursuant to the Indiana Parenting Time Guidelines, one recommendation for parenting time exchanges is that “the parent receiving the child shall provide transportation for the child at the start of the scheduled parenting time and ...
In drafting appeals, the appellate attorney will request, receive, and review a typed transcript of and exhibits admitted at the hearing of which the Order is being appealed. This allows the appellate attorney, who may or may not have been the trial attorney, to review the record, gather information, and quote the hearing transcript as argument in the appellate briefs. Transcripts for appeal are often lengthy if the hearing was conducted over the period of a full day or more. This can mean several hundred pages and hours of document ...
In litigation without a jury, and domestic law specifically, trials can go on for hours, even days. Sometimes, several days of hearings are heard over the course of multiple weeks. In some cases, several days of hearings can be set over the course of several weeks or even months. Even if a trial is only one day or for an hour or two, a party can request special findings in the matter. Special Findings of Fact, Conclusions of Law, and Judgment and are governed by Trial ...
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 ...
Several months ago the Indiana Court of Appeals addressed a case, Daniel Brewington v. State of Indiana, and affirmed the trial court’s criminal conviction of a blogger who voiced his opinions regarding a recent family law court decision that was unfavorable towards him.1 Mr. Brewington was convicted of intimidating a Judge and obstruction of justice, following his comments online about the outcome of his family law case. Husband/Blogger and Wife were married in 2002 and divorced in 2007, the couple had two ...
Once an initial custody determination is made and parenting time is determined, it is not etched in stone. However, a modification of custody requires more than simply stating “this is not working out”. The party seeking to modify child custody must show that there has been a substantial change in the factors for determining custody, and a modification is in the best interests of the child1. Some major events can give rise to a petition to modify custody due to the serious nature ...