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
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
25
Apr2019
Divorce matters are often stressful and trying times for a family that is undergoing radical changes. This is no different for the individuals in a same-sex marriage who seek to get divorced. However, spouses in a same-sex marriage may face certain hurdles or unique circumstances given that nationwide same-sex marriage was only recognized more recently via the United States Supreme Court’s holding in Obergefell v. Hodges, 135 S. Ct. 2584 (2015). This blog explores some of ... Read More
09
Apr2019
Divorce matters are often stressful and trying times for a family that is undergoing radical changes. Increasingly common, whether due to the mobility of individuals, an increase in remote employment, or otherwise, are divorces that involve some aspect that creates a multi-jurisdictional or even international element. Common examples include couples who are divorcing who have different citizenship, a couple where one spouse has a job placement overseas for a period of time, or a couple who may own property in multiple countries. Each of these ... Read More
26
Mar2019
Going through a divorce or raising a child who was born outside of a marriage comes with unique challenges for custodial and non-custodial parents alike. Despite these challenges, such parents are not immune to other changes and challenges that life may throw their way. After a divorce or after having a child outside of marriage, a parent may obtain a new career opportunity, engage in a new relationship, desire to move closer to their hometown or their family, or have to ... Read More
14
Mar2019
Divorce is a process that affects a multitude of aspects in a family’s life. Relationships that were premised on lasting are being dissolved between spouses. New living arrangements may take place. Parents’ time with the children may be drastically altered. A two-income household where parents share responsibilities is split, and now each spouse may be entirely responsible for their own household – both financially and in terms of day-to-day upkeep. This change can be tremendously stressful and is certainly an emotional process. The attorneys ... Read More
25
Feb2019
The idea of cohabitation between partners has become more commonplace in the United States in the past several years. In some respects, an increase in cohabitation among romantic partners grew due to laws prohibiting same-sex couples from marrying. After same-sex marriage was validated across the United States, many couples elected to take advantage of their ability to marry under the law. However, this change does not mean that cohabitation among partners is now no longer prevalent in Indiana and across the US. It is!
Couples may cohabit for a variety of reasons – ... Read More