Today, more than ever, children are being raised by third parties, including step-parents. When the non-custodial, biological parent does not stay involved in his/her child’s life, this often leads the step-parent (and child) to want to adopt. If the other biological parent is deceased or consents to the adoption, there is no legal barrier to prevent the adoption (assuming the other statutory requirements for adoption are met, such as having a home study). This blog address when a (living) biological parent’s consent is not required for the adoption filing, the biological parents ... Read More
15
Aug2018
13
Aug2018
“We need to discuss a prenuptial!” Or so the conversation begins for some couples who want to marry. A prenuptial, or prenup for short, is a contract parties make between themselves before marrying to address what happens with assets and liabilities in the event of death or divorce. This right is provided in Indiana statutory divorce law and gives the parties substantial flexibility and certainty when the relationship ends on death or divorce. The right to contract in all aspects of life is a powerful right guaranteed in the United States and ... Read More
09
Aug2018
The answer is, “It depends”.
Under the laws covering children born to unwed parents, a father may legally acknowledge he is the child’s biological father. This is done by the parents entering into (filling out and signing) a Hospital Paternity Affidavit at the hospital soon after the child’s birth. This ensures the father participates in naming the child and his name appears on the child’s birth certificate. This blog covers what custody rights a father has upon entry of the Hospital Paternity Affidavit and what a putative (potential) father should consider if he ... Read More
08
Aug2018
Yes. But as of Monday, July 31, 2018 so can certain advocates and attorneys for your children. This comes by a sweeping decision by the Indiana Court of Appeals applying the statutory authority for this power (or standing) created by the Legislature. This blog surveys when and why DCS may seek to sever a parent-child relationship and addresses who else the Legislature empowered to do so by a new application of the law.
After the Department of Child Services (DCS) brings a Child in Need of Services (CHINS) case, and the court finds ... Read More
07
Aug2018
In the past, you had to prove fault to obtain a divorce. Adultery was one type of fault. While there is no doubt that infidelity wreaks havoc in many marriages and leads to divorce, it is not a recognized reason for divorce. Now only one party has to establish that the marriage is irretrievably broken. This is a low evidentiary standard. If a party states it under penalty of perjury or testifies this is the case at trial, the court will divorce the parties—even if the other spouse does not want divorced. ... Read More
06
Aug2018
In many, if not most contested paternity or divorce cases, the issues that led up to the breakdown in relationship are somewhat apparent and would not require a forensic psychologist evaluation. For instance, one parent may lose his job, and this creates untenable financial stressors on the other parent, or the parent who lost the job may slump into depression. Perhaps most common in marriage today is; marriage is not a necessity as it was a few decades ago—to survive—given social programs that have created safety nets that did not exist in ... Read More
02
Aug2018
In paternity (children born out of wedlock) and divorce cases, the initial determination is gender neutral and made without any preference for either parent; the court decides physical custody considering any relevant factor to what is in the child’s best interests. For parents who present a strong factual and legal case and do not prevail, many consider appealing the decision to the Indiana Court of Appeals. This blog analyzes the general considerations for whether to appeal a losing custody decision or move to modify it in the future.
That said, unlike most all ... Read More
01
Aug2018
In love, war, divorce and most other major aspects of life and daily living, someone or some side has an actual or perceived advantage. Most fathers in child custody dispute cases recognize that a large part of our society has a general belief that mothers should have custody of their children and believe this is reflected in custody laws—mothers have an advantage because women carry and bear the children of the world. However, many changes are occurring. Now there is gay marriage and adoption and more children are being raised by third ... Read More
31
Jul2018
In large segments of the United States population, couples are not having children, fewer kids, or waiting until later l in ife. This may account for the growing multi-billion-dollar industry related to pets: Dog dadaycarePet therapists. Organic pet food. These are all words that are as common to hear and convey as lol and emojis. And hearing “my child” is a dog [cat, or fill in the blank] is a norm. It is at the time of divorce, the pets sometimes become focal points. Both litigants “love” the dog and want him/her; ... Read More
25
Jul2018
In the 1960s and 1970s, a parent and the kids would sometimes go on “vacation” and while away, the spouse with the children would file for divorce in another state to gain custody. This because so problematic (as is the case with child support enforcement) a uniform child custody (litigation) act was passed into1 law in all states. This law, which all other states recognize with some exceptions, dictates the child’s “home state” is where divorce and custody proceedings subsequent custody must occur. A child’s home state is where ... Read More