The United States Supreme Court has long recognized the “fundamental right of parents to make decisions concerning the care, custody, and control of their children.”1 This fundamental right to parent is why the Indiana Courts place the burden of proof on the Department of Child Services (“DCS”) when it comes to proving that a child is a child in need of services (“CHINS”). Specifically, our Indiana Supreme Court has found that DCS must prove three ... Read More
17
Jun2019
13
Jun2019
The right to parent your child is a fundamental right, guaranteed by the Due Process clause of the Fourteenth Amendment. But, just like anything else in life, that right is not absolute. For example, parents who abuse their children, whether it be physical or verbal, do not have an absolute right to parent their child anymore. When a child is found to be in a detrimental home environment or found not having their basic needs met, ... Read More
12
Jun2019
Research consistently shows that the more involved a father is, the more successful his child is. Yet, winning primary or joint custody in a divorce case can be difficult for dads, even with the courts’ increasingly progressive views of co-parenting. Though it’s commonly believed that mothers “always” win primary custody, dads who prove their involvement and commitment in their child’s life can make an equally compelling case in today’s legal system. ... Read More
06
Jun2019
In today’s world, fathers are more active in their children’s lives than ever. In households where both parents work, some fathers are their children’s primary caregivers. However, in the unfortunate situation where a divorce occurs, many fathers feel “doomed” and have the belief that mothers always get “custody”. This blog explores what “custody” means and provides key tips for fathers who seek custody in a divorce.
The point to start with is an understanding of both “physical” and “legal” custody under Indiana law. ... Read More
30
May2019
Protective Orders are powerful tools in the legal sphere. Protective Orders can be used to help ensure the safety of individuals in dangerous situations, such as victims of domestic violence. Additionally, Protective Orders can also be used to protect minor children from harmful situations or individuals, such as abusive or drug addicted parents. While Protective Orders are a powerful tool that can be used for good, they can also, by design, be used to wrongfully ... Read More
30
May2019
Divorces are hard. They bring a lot of emotional heartache. One such tool that couples can use to attempt to avoid some of this heartache in the unfortunate event of a divorce is what is known as a pre-nuptial agreement. Pre-nuptial agreements determine how property will be divided upon divorce. Pre-nuptial agreements are contracts, and like contracts, certain requirements must be met in order to be considered valid. While pre-nuptial agreements are very fact specific, they ... Read More
23
May2019
The family dynamic is something that is always changing, and there is certainly no “standard” or “normal” family. After a divorce or a final determination in a paternity case, often one parent of a child has what is called primary physical custody, and the other parent (the “non-custodial parent”) has what is called parenting time. The terms of the non-custodial parent’s parenting time may take many different shapes, but in general, if ... Read More
17
May2019
The United States Supreme Court has found that the Fourteenth Amendment protects the fundamental right of parents to make decisions as to care, custody, and control of their children.1 This means that a State has no independent right to interfere in the parent-child relationship. Of course, this, like most other things in life, has its limits. A parent who abuses or neglects their child, for example, has no fundamental right to do so. Children in ... Read More
15
May2019
It’s important for the attorneys at Ciyou & Dixon, P.C., as family law practitioners, to stay updated on Indiana laws to best serve our clients. Part of our ongoing effort to provide effective and efficient legal counsel to meet our clients’ goals includes learning about legislation that impacts the types of cases in which we are often involved. In this blog post, we discuss several changes that will become effective in 2019 that may impact issues in family law (divorce, paternity, child support modification, guardianship, adoption, etc.) that an individual may ... Read More
09
May2019
Any person in Indiana who suspects a child is abused or neglected is required by law to report this to the Indiana Child Abuse and Neglect Hotline at 1-800-800-5556. For children, reporters (i.e., callers) range from disgruntled parents going through a separation to teachers, therapists, and doctors. When DCS receives such a report, they may partner with law enforcement, such as if the allegation is child molesting. DCS is legally mandated to investigate every call. A standard practice with ... Read More