In filing for or defending against a child custody modification, there are many misconceptions that litigants should know in in order to be success in obtaining a modification or defending against. If these are not recognized and considered, it may hurt your legal position. This blog analyzes these problems so you can properly work with your counsel to address them as they come up in court. The biggest mistake a parent may make in filing a child custody modification action is filing because of life changes, such overcoming addiction to street or prescription drugs. By itself, it is insufficient to modify ...
November 25, 2020CD
Child custody proceedings tend to be confusing and emotional times. Whether it be an initial custody proceeding, or a modification of a pre-existing custody order, the process always seems to be draining on all involved parties. However, you can relieve some of the emotional burden by avoiding some common mistakes many individuals make in custody proceedings. In this blog, we provide four tips for parents in custody disputes in Indiana. Cooperation and Compromise with the Other Parent. While you may not like the other parent, it is extremely important to work with the other parent. How you behave around the other ...
November 20, 2020CD
Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you receive an unfavorable final order. As a threshold matter, a litigant must understand how the Divorce Act directs judges to analyze and decide child custody in the children’s best interest. Specifically, the judge hearing the evidence is to determine what is ...
November 13, 2020CD
As you may know, the Indiana Supreme Court, as is the case in most states, is the highest judicial authority in the state of Indiana. However, what you may not know is the extent of the Supreme Court’s jurisdiction. In this blog, we look at three considerations in deciding whether you can or should to take your appeal to the Indiana Supreme Court. Original and Exclusive Jurisdiction. The first consideration in deciding whether to take your case to the Indiana Supreme Court is whether your action is a matter where the Supreme Court has what is known as original and exclusive ...
November 12, 2020CD
When a couple divorces or establishes paternity, no party is a preferred parent. In other words, there is no presumption favoring either parent.1 Under the law, a father is just as likely to obtain physical custody as a mother—and fathers do obtain sole physical or primary custody in Indiana and throughout the United States. However, the parents and or children’s situations and circumstances change over time and a parent may seek to modify custody. This blog works through the basics of what you need to know about physical custody modification. To move to modify custody, a parent must be able to ...
November 5, 2020CD
The world we live in is becoming more and more “legalized” by the day. Now, it seems that every issue or dispute that arises between individuals evolves into a legal dispute. Small business owners understand this better than most. And while this may be an unfortunate reality, it is the reality we currently live in. Whether you are just starting your small business, or have been running it for years, retaining a business attorney to assist you in your day-to-day can be key to a successful future. In this blog, we examine when and why you may want to retain ...
October 30, 2020CD
Unfortunately, situations arise in our society where a child’s biological parent(s) may no longer be the best person to raise the child. If such a situation is present, there are different avenues a third-party can utilize in order to seek custody of a child in lieu of the biological parent. One of the ways in which a third-party can seek custody of a child is being declared the child’s “de facto custodian.” But you may be wondering “what is a de facto custodian?” or “how can I become a de facto custodian?” In this blog, we try to answer these ...
October 29, 2020CD
Protective Orders (commonly called “PO’s”) are governed under what is known as the Indiana Civil Protective Order Act. PO’s can be invaluable tools for individuals who find themselves in dangerous situations, such as victims of domestic violence, or minors in an abusive household. But, can anyone obtain a PO? Are there any limitations? Will you need an attorney? In this blog, we provide a brief overview of protective orders, who can obtain a PO, and why you should consider seeking legal counsel for assistance. The first thing to look at when considering filing for a PO is whether you qualify under the relevant ...
October 23, 2020CD
Appeals from divorce cases, or post-decree custody matters, constitute a large number of cases taken to the Indiana Court of Appeals. By the time a divorce trial is over (or subsequent child custody modification case), many people are drained emotionally and have spent a lot of money to litigate a divorce or modification action. However, the losing party (or both parties) can appeal. For most people, the mere thought of having to retain new appellate counsel to address an appeal is an unpleasant thought at best. Since there is no requirement to file an appellee’s brief, the question we often ...
October 22, 2020CD
As we all know, life happens, and circumstances can change quickly. That custody order that was recently put in place may seem to become impractical in a moment’s notice. Maybe you or the other parent are intending on moving to a new state. Or maybe the other parent married someone that you believe is harmful to your child(ren)’s well-being. Whatever the reason may be, Indiana has established a specific statutory code to deal with modification of custody. This blog provides a brief overview of modification of a custody order and the process behind same. In order to modify a custody order, ...
October 16, 2020CD