In a paternity or divorce case where custody is in dispute, it is not uncommon for the parents to have differing opinions and/or negative opinions of one another. It is inappropriate for these feelings and opinions to be expressed to, in front of, or around the child or children. This is something that a majority of parents are aware of and try to constrain because they are aware it is hurtful and harmful to the children. However, in some instances, these negative and toxic ... Read More
26
Nov2019
08
Nov2019
For many of us, Grandparents played an important role in our lives. Now more than ever, grandparents seem to be actively involved in the raising of their grandchild(ren). In many instances, a grandparent may be raising their grandchild all together. If you have found yourself in such a situation, or you know someone who is, you may be wondering, “can I get custody of my grandchild?” This blog provides a brief overview for grandparents who are exploring options for obtaining custody of a grandchild they are ... Read More
08
Nov2019
The short answer is, yes, using marijuana can cause you to lose custody of your child. However, this is not a simple black and white rule. The ever-changing legality of marijuana use from state to state has caused pause in the Indiana legal landscape. Things such as the recent announcement by Marion County that it will not prosecute simple marijuana possession charges are part of the reason a simple yes or no cannot answer this question. It is important to know that ... Read More
07
Nov2019
As we all know, “life happens” and circumstances change. That custody order you once had may seem to become impractical as time goes on. Maybe you moved to be closer to your child and now you want more time. Or maybe you were once on hard times but now feel you are able to offer your child more than when the custody order was put in place. Whatever the reason may be, Indiana has established a specific statutory code to deal with the modification ... Read More
09
Oct2019
To find that a child is a CHINS at a fact-finding hearing (trial), DCS must prove three elements: (1) the parent’s actions or inactions have seriously endangered the child; (2) that the child’s needs are unmet; and (3) that those needs are unlikely to be met without State coercion. It is the third of these elements that the Supreme Court has found to be the most important. The purpose of a CHINS proceeding is to protect the child, not punish the parent. Therefore, at the time ... Read More
26
Sep2019
By statute, the Indiana Department of Child Services (“DCS”) has to investigate every claim of abuse or neglect by a parent reported to the hotline number. Unfortunately, DCS is understaffed and its primary investigators are not trained sufficiently to handle the onslaught of parental neglect reports including those who make false reports to gain some tactical advantage (such as in a divorce case). Thus, it is not uncommon for a parent to be falsely accused of neglect/abuse of their ... Read More
24
Sep2019
Parents constantly worry about their children. The problem is magnified when the threat of harm to the children comes from your ex (or biological parent) as like you, they too have a fundamental right to raise their children. However, courts treat abuse—particularly physical abuse very seriously— as they are charged with always looking out for the children’s best interests. This blog covers legal tools you may engage to obtain “protection” for you children to key evidence you may need to make your case.
Depending ... Read More
23
Sep2019
In most post-divorce cases, there comes a time when a non-custodial parent believes it is “time” to go back to court and move to modify custody. One major mistake parents make is equating the betterment of their life with a substantial change for their children to modify child physical custody. Custody modifications are not uncommon, and presupposing you are not making this mistake, what you need to establish to likely prevail in your modification case is based on three components that are explored in this ... Read More
20
Sep2019
It is common knowledge that addiction to illicit and prescription drugs is at “epidemic” proportions in the United States. Unfortunately, families are not immune from this problem and many divorces are tied to addiction (which may be tied to mental illness diagnoses as well). Many spouses simply do not know how addiction may play into divorce, so they wait or do not file at all until it is too late. This blog covers what you need to know about filing for divorce where addiction ... Read More
10
Sep2019
In high conflict custody cases, it is common to have a forensic Ph.D. level custody evaluator conduct an evaluation and make recommendations to the court as to who should have custody in the child’s best interests. These evaluations result in a written report. However, no professional is accurate all of the time, and occasionally an errant report issues. In short, we all make mistakes—even professionals. If you get an adverse custody evaluation in your case, this blog is focused on potential “fixes” for a custody evaluation ... Read More