Indiana recognizes a parental discipline privilege, which gives a parent legal authority to apply reasonable force upon their child as the parent reasonably believes necessary for proper control, training, or education. While a controversial subject in the legal and psychological areas nationally, Indiana parents have what is known in criminal law as the “parental discipline privilege”. In blunt terms, parents have the legal right to spank their children. However, this is not an absolute right, and Indiana trial and appellate courts have tackled the issue of parental discipline in several cases; they ... Read More
10
Oct2018
04
Oct2018
All parents have the fundamental right to the care, custody, and control of their child(ren).1 Basically, this means parents can raise their children in their own way--even if most people disagree with their style. While this is a fundamental constitutional right, it is not absolute. When a parent presents a risk or danger to a child’s physical or emotional wellbeing, DCS may file a Children in Need of Services (CHINS) case and the Court opens a CHINS case. The CHINS process is designed to allow an investigation into suspected ... Read More
03
Oct2018
When you are a party in civil litigation (you are suing or being sued), it is common to receive a subpoena for your deposition. This means your opponent is on a “fishing expedition” to find out everything you know about the issues involved in the case. This process is done before a court reporter and you are asked all sorts of questions. Depositions are different than testimony at trial since the opposing counsel can ask a much broader scope of questions at a deposition if they might lead to admissible evidence.1 Keep ... Read More
27
Sep2018
Under the Divorce Act, the Legislature has expressly encouraged divorcing parties to reach agreements to divide their property. Most of the time, a divorce court will accept most any property (real property, like land and the marital home, and personal property, like furniture and pots and pans) agreement. In fact, the parties are free to enter a property division that the court could not order or would abuse its discretion in doing so.1 However, there are three critical mistakes that some parties make in settling their property that may be impossible or ... Read More
26
Sep2018
Eventually, the “litigation” dust settles for most every acrimonious divorce or paternity fight over custody and the parents remain to co-parent. No longer are there attorneys or judges in the picture. Nevertheless, there is often lingering hostility that may become exacerbated by everything—including a new romantic interest. This dynamic often makes co-parenting what courts describe as a “battleground”. While there are numerous ways to address parenting-time conflicts that take time and cost money—such as contempt’s or parenting coordinators, this blog covers three common sense, but often ... Read More
17
Sep2018
The Indiana Civil Protective Order Act (“Act”) provides powerful relief to help ensure the safety of certain covered Hoosiers who find themselves in dangerous situations, such as a victim of domestic violence. Additionally, the Act covers certain minor children in harmful situations or individuals, such as from an abusive or drug-addicted parent. While protective orders issued under the Act are unique and powerful tools in that they can be granted ex parte,1 they may be abused in cases by a petitioner’s false allegations and issued against a person who is not a ... Read More
13
Sep2018
Indiana trial court judges and attorneys encourage the parties to reach agreements in divorce and paternity cases. There is even a specific statute in the Divorce Act expressly encouraging custody agreements.1 However, Indiana trial court judges have a legal duty to watch over children of the marriage and ensure their best interests are met. For this reason, there are a few types of agreements the parties cannot settle for or even request the trial court to order in a contested trial. This blog addresses these four types of child-related terms the parties ... Read More
12
Sep2018
If you are divorced, and your children plan to attend college, the divorce court can order you to contribute to college expenses after the children turn eighteen.1 If your dissolution decree does not address the division of college expenses, there is significant potential for argument and litigation over what amount each parent should pay; how the child will contribute; and what expenses will be included in an order to pay college expenses. Indiana courts have wide discretion over the amounts that each parent may be required to pay, as well as what ... Read More
11
Sep2018
No. Maybe. Even in today’s digital world, marital infidelity is difficult to define. Nevertheless, statistics show that “cheating” is one of the biggest factors in filing for divorce. Decades ago, the various states adopted the concept of no-fault divorce. This means if one party states the marriage is broken and wants a divorce, this is enough for the court to have jurisdiction over the matter. In the past, adultery or other wrongdoing was required; this is no longer the case.
There are now specific statutory reasons for a divorce under current Indiana law: ... Read More
07
Sep2018
Every person has done something in their past they are not proud of. Most people have seen or done things they think only they know, things they will not talk about—to anyone, at any time, for any reason. However, in today’s digital world, particularly with skilled forensic private investigators, almost nothing is truly a secret. So, in the ugly world of divorce, even if you do not think it is probable, certain “skeletons” have a remarkable way of coming out of the closet to negatively define your divorce (or paternity case). Once ... Read More