Today, millions of children are being raised by grandparents, friends, neighbors, and sometimes, total strangers. This trend is growing each year. In this situation, these individuals acting as “parents” have no legal rights to the children they are raising, despite the fact they are providing for all aspects of their physical and emotional well-being. Practically speaking, this reality can create a multitude of problems for the caretakers, from enrolling the children in school to obtaining health care. All the ... Read More
18
Jun2018
13
Jun2018
Not long ago the trend was filing for divorce mid-winter and in early spring. However, in our ever-changing mobile society, everything is different. The same appears to be true for divorce. Working from home and/or blended school calendars may be a few factors that account for shifting trends of when divorce is filed. This blog explores key reasons why filing divorce in the summer may be a prudent consideration for some couples when it was not a norm or even considered in ... Read More
07
Jun2018
In child custody disputes, whether initially made with a divorce or paternity filing, or on with a modification petition, the court decides child-related issues before it by determining what is in the best interests of the child. With most cases, a party seeking custody, as well as the court, want to “hear” from the child in some way. This blog explores the four key ways a child’s voice, views, and positions can be presented to a court for it to ... Read More
29
May2018
A taboo topic that has been around for decades has been sexual activity or assault between siblings and what is a normal part of the human development process. A 2002 study by the US Department of Health and Human Services found that at least 2.3 percent of children have been sexually abused by a sibling. When this type of disclosure is made (or abuse) it is required to be reported to the Indiana Department of Child Services who ... Read More
22
May2018
While children are resilient and “bounce back”, modifying physical custody from one parent to another parent is a major life factor that may impact the child’s fundamental sense of safety, security, and stability. For this reason, there are two common factual situations where custody modification does not make a strong legal case.
The first is where the non-custodial parent’s life has improved, but this has had little impact on how the kids are doing in the custodial parent’s care. Remember, ... Read More
15
May2018
Life is messy. Divorce really is messy and emotional; this plays out in the courtroom. Trial court judges often face the presentation of evidence in final hearings that is disorganized and ranges from notes and texts to emails and photos. With highly contested divorces, there may be multiple days of hearings over many months or even years. Mostly, for this reason, there are three common mistakes that occur in final decrees that make for strong appeals. This blog covers these three issues for ... Read More
09
May2018
The mere idea of filing for divorce is a difficult concept for most people. We all want a happy marriage, and many people stay in marriages in hopes it will get better, out of fear of the unknown in the post-divorce future, or, commonly, for their children. In other cases, people must stay married for basic reasons, such as insurance coverage if he or she has a chronic condition and would lose coverage and be unable to get care and ... Read More
30
Apr2018
What Parents (And Those Around Children) Need to Know About Removal as Punishment and Its Connection to Divorce, DCS Investigations, And Criminal Charges
Parents who have children heavily involved with the use of electronics have all probably observed a “meltdown” when devices are taken as a form of punishment.
However, with a certain segment of children—even very young children—mainstream psychology publications began widely reporting in 2017 various psychological issues with detachment and depression with removing electronic devices from the child. Pre- and teenagers had some changes ... Read More
18
Apr2018
A significant number appeals taken to the Indiana Court of Appeals stem from paternity and divorce cases. In most cases, the appeal involves some form of disagreement regarding child custody orders issued by the trial court. This blog explores the three most common types of appeals, what you need to know to make an informed choice to appeal, and what kinds of issues are stronger for a “win” on appeal.1
The first type of appeal is the original ... Read More
05
Apr2018
A prenuptial agreement is nothing more than a contract that specifies how certain matters will be handled and decided if the parties’ marriage later fails (or a spouse dies). The most common scenario where prenups are used occurs when one spouse has significantly more assets. The prenup typically protects these assets brought into the marriage from being divided with the other spouse in the event of a divorce (or death). These agreements are allowed under by statute in Indiana and are ... Read More