Child custody litigation is a gut-wrenching experience for all parents. Both want the same amount of time they had before the divorce or post-divorce they may be seeking a modification to gain additional time, but there is only a finite amount of time for custody and parenting time. That said when a parent loses a custody battle their first thought often is to appeal. Sometimes this is possible and sometimes it is not. Further, there are a number of different reasons to appeal. ... Read More
07
Jul2020
26
Jun2020
Appeals represent only a small fraction of all of the final orders issued each year by Indiana Trial Courts. Appeals take an additional emotional toll, are sometimes costly, and add several more months to the litigation. That said, the Appellant has the right, presupposing the potential Appellee, files an Appellee’s Brief, to have the proverbial last word on appeal and may file a Reply Brief not later than fifteen (15) days after the Appellee’s Brief is served. This is an Appellant’s right under the ... Read More
17
Jun2020
Like everyone and everything in life, the judicial system isn’t perfect. As such, sometimes trial courts get it wrong. If you or someone you know just received a child custody determination that you believe was wrongly decided, you have the ability to seek relief via an appeal. How is this done? How long does it take? In this blog, we look at the general process for appealing a custody order in Indiana.
The first thing to consider in the appeal process is the ... Read More
05
Jun2020
Yes. No. Maybe.
In Indiana, child custody is always modifiable, if modification is in the child’s best interests and there is a substantial change in one (1) or more factors1 the court can consider under the initial custody determination statute, namely (1) the age and sex of the child; (2) the wishes of the child’s parent or parents; (3) the wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) ... Read More
29
May2020
In a civil trial with many issues, such as divorce which may have child support, custody, and property issues decided, a losing party may want to challenge every issue, such as a minimal difference or error in weekly child support to be paid. While there is no express appellate rule prohibiting or limiting the number of issues a party may raise on appeal, raising more than three or four issues on appeal is normally not prudent. This blog explores why limiting the number of issues ... Read More
15
May2020
Any party who loses a civil trial (bench or jury) has the right to appeal. Trials and appeals are expensive and laden with emotion. That said, we often receive inquiries from “appellees” when they find out the losing party is taking an appeal.1 These calls all focus on what really happens if they do not file an appellee’s brief. Clearly, the winner in the trial court does not have to file an Appellee’s Brief. This blog explores the ... Read More
06
May2020
In domestic cases, trial courts are given wide discretion to decide matters initially, such as when the parties divorce or later in child-support and/or physical and/or legal custody modification proceedings. Further, because so much time, emotion, and judicial resources go into domestic cases, Indiana’s appellate court gives trial courts vast leeway to judge the credibility of witnesses when deciding issues.2
Even if the Court of Appeals might have decided the case differently, it defers to domestic courts on how much weight ... Read More
30
Apr2020
In Indiana, there are thousands and thousands of trials and hearings each year. For litigants who lose on the merits in civil or criminal litigation, there are roughly 3,000 appeals taken to the Indiana Court of Appeals.1 This is Indiana’s intermediate appellate court. The entire appellate process is laborious for the lawyers who handle appeals and time-consuming for the Court because three judges are assigned to review every case. As might be expected, there are comprehensive rules to ensure efficiency and consistency ... Read More
13
Feb2020
“I want to appeal!” is a statement we hear often. However, many individual’s knowledge of appeals is very limited. Understanding the appeal process can be confusing, even for attorneys. Whether it be an appeal of a final order or an interlocutory appeal as of right, having a basic understanding of the beginning process of appeals will go a long way. This blog provides the three key questions you should ask yourself when considering ... Read More
06
Feb2020
One question we frequently hear from our clients is “can I get attorney fees?” Unfortunately, the answer to this question is, it depends. The main reason for the uncertainty surrounding the ability to obtain attorney fees is due to the fact that our legal system follows what is known as the American Rule. The American Rule is a deviation away from the old common law rule (known as the English Rule), which required the losing party of a particular matter to pay the winning party’s ... Read More