There are a variety of cases involving child custody matters, including third party custody, de facto custodian custody, guardianships (and termination of guardianship), divorce, post divorce modification, relocation of a parent, and paternity. In fact, many of these types of cases can overlap and include more than one type. For example a post divorce decree custody modification can be as a result of the custodial parent relocating. In many cases where custody, or even parenting time, is contested, the court and attorneys may utilize one of ...
In family law matters and matters involving custody modification, the underlying basis is what is in the best interests of the children. However, what about the direct wishes of a child? How are those determined and used in initial custody matters and modification of custody? Custody can be modified if there is a substantial change in circumstances and the modification is in the best interests of the child1. The factors to be considered to determine if there has been a substantial change in circumstances include many parts, including the age and ...
Since jail time, whatever the reason, infringes on a deeply protected right to freedom, most states, and the federal government, takes jail as punishment for a crime seriously. Jail for civil contempt reasons is far less common, and cannot be used to “punish,” but rather to incite action to comply with court orders. One of the main tenants of the constitution is to protect certain civil liberties that we, as a society, hold in high regard, such as freedom, free speech, and bearing arms. ...
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 ...
October 7, 2014 / Paternity
There are several people/entities that can bring a case to establish paternity of a child born out of wedlock. Specifically, either parent, the child, a department or county office of family and children, and a prosecuting attorney1. Generally, the county prosecutor can file an action to establish paternity on behalf of the Title IV-D (often referred to a Title Four D) office when there are issues of child support, and/or recouping costs from both parents for prenatal care, and costs of the birth of the child ...
October 2, 2014 / Divorce
As has been noted in previous blogs, law may not always work in real time or move as quickly as one or both parties may like. Often, there are deadlines and pieces that must fit together before a matter can be finalized. This can take some time. In divorce cases specifically, there are several reasons it may take longer or be continued. First, there is a required cooling off period of 60 days, and until that time is reached, the divorce cannot ...
September 30, 2014 / Parenting Time
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 ...