The Indiana Parenting Time Guidelines are presumed to apply to every custody case (paternity or divorce). These Guidelines presume one parent will have primary physical custody and the other will have overnight parenting time. Typically, for a child above three (3) years of age, this is one night during the week, every other weekend, alternating holidays, and half of the summer. However, the national trend toward joint parenting time or joint custody has resulted in court routinely extending the mid-week night to overnight if the parties agree or the evidence shows it ... Read More
05
Dec2018
06
Nov2018
With the Holiday Cheer often comes parenting time and other child-related disputes surrounding the holidays including Thanksgiving, Christmas, and New Year’s. To avoid some potential of dispute, we suggest you look at your most current custody order(s) and the Indiana Parenting Time Guidelines. With this, you can engage the other parent in a discussion and try to reach an agreement about who has what time and drop-offs and pick-up times and places well in advance. Try to account for foreseeable problems, such as bad weather or those that are unique in your ... Read More
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
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
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
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
30
Aug2018
Everyone knows of a custody “battle” waged by a family member or friend--where both parents are entrenched in their positions, are convinced they are right (and maybe are), and fight tooth and nail to have the time with their children they believe is in their best interests. Or, is this your case? Most commonly, this struggle is waged through successive litigation involving contempt actions and modification petitions; trial courts retain custody jurisdiction to hear and decide these matters until the children are adults, meaning the litigation can go on for years. As ... Read More
29
Aug2018
The divorce decision was handed down and it is now final. The property has been divided. The costs have been allocated, and attorney’s fees may have been awarded. If you have children, then custody, parenting time, and child support also have finally been decided. What are your rights if you disagree with the decision?  You are not happy with the result. Maybe you feel the property division was unfair, or maybe you did not get joint custody. Whether you disagree with one provision or several, you have a right to appeal your divorce ... 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