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 move closer to provide care to an ailing family member. Whatever the reason, moving when you are in a ...
March 26, 2019CD
Unfortunately, when a couple divorces, all members of the family must adjust to a new dynamic. Despite provisions for parenting time and visitation rights in various statutes, a divorce may disrupt the relationship between children and parents and limit the time they get to spend together. However, with the incidence of divorce being high, and with step-parents playing an ever-increasing role in children’s lives, a step-parent may wonder what rights they may have after they separate from a biological parent of a child. This blog explores some recent Indiana cases on this subject. An important concept: the difference between custody, parenting ...
March 14, 2019CD
Grandparents are an important part of many of their grandkids’ lives. Grandparents tend to help watch us growing up and provide many of us with invaluable life lessons they taught their own children. In many respects in today’s busy world, grandparents often times almost act as second parents. The Indiana Legislature, for this very reason, passed statutes providing grandparents with the legal right to go to court to seek visitation1. However, the situations are limited in which grandparents are entitled to seek visitation, but, due to their impactful nature on a child, grandparents are given certain legal remedies in court; ...
February 18, 2019CD
Normally these cold, overcast days and dark weather leave us a bit glum. Nevertheless, for parents who have children who are not in a relationship with the other parent (by paternity and the relationship did not last or divorced parents), it’s time to think about the Spring Holidays, Holy days and the Summer and, well of course, parenting time. On the upside, on February 2, 2019, Punxsutawney Phil did not see his shadow, so it should all be a little brighter and happier soooooon . . . .an early Spring is coming so look forward to sun and fun with ...
February 15, 2019CD
Jobs and relationships (significant others) are in a constant state of change in today’s digital world. However, in cases where two parents share custody or one has primary custody and the other parenting time from a divorce1 or paternity order, a relocation of any significant distance can create a potentially significant issue for parenting by the non-relocating parent. Where the custodial parent is the relocating parent, if challenged by the remaining parent, the relocating parent must prove the relocation is made in good faith and for a legitimate reason. This blog presupposes a relocating parent can meet this burden; and ...
June 27, 2018CD
The holidays are quickly approaching--and it not only means more than decorations and school pageants. For divorced or unmarried parents, it also means inevitable changes to parenting time schedules that can make the holidays less joyful if not addressed ahead of time. Under any parenting time plan, the holidays can be difficult to coordinate, but below are a few pointers to know to help make your holidays happier. 1. Know which guidelines your family is under. The Indiana Parenting Time Guidelines (IPTGs)1 are often used as a parenting time or holiday time guide. Be sure to review your Decree or Order to ...
November 8, 2017CD
Throughout the last several years, the concept of parenting coordination has been catching on in Indiana. Effectively, Parenting Coordinators (known as “PCs” in high conflict matters) help parties resolve disputes in real time so children do not miss events or time with the other parent. The only other viable option before parenting coordination was a contempt petition or other legal filing in court, which was heard after the fact. As of January 1, 2017, the Indiana Supreme Court officially recognized Parenting Coordination; it approved rules regarding appointment and terms of service. These build on the knowledge and benefits that Parenting Coordinators ...
September 22, 2017CD
The holidays are special times for most families, including those parents who have not married or have divorced: Special school events. Holiday parties. Family gatherings. All of this occurs with a lot of corresponding planning, from purchasing gifts to cooking meals. For parents who are not married, coordinating schedules can he a major source of conflict. This blog puts forth five important tips divorce attorneys use to help their clients avoid most conflict during the holidays: Know the Indiana Parenting Time Guidelines: The Indiana Supreme Court has adopted the Indiana Parenting Time Guidelines to set forth basics of holiday parenting time; ...
December 21, 2016Adam Hayes
All issues involving child custody and child support have significant social, political, economic and psychological dynamics operating within the legal system and controlling laws. Two key policies that support the law is to maintain the child with a style of living as if the parents were married and meet the child’s best interests. In the very broad area, this blog post explores three trends that are slowly changing domestic law across the country: joint custody, child support ending at age 18, and third parties obtaining custody. At present, the parent who is not awarded physical custody is given parenting time (overnights) ...
July 7, 2016Adam Hayes
Most parents, judges, and domestic attorneys view hearings and custody modifications or contempt filings as a last resort, not the first way to resolve a dispute. However, the conflict of divorce or post-divorce matters often obscures some of the legal and non-legal methods parents may resolve disputes about parenting time outside of court. The first and relatively newer type of tool is a parenting coordinator. There are different levels of authority a “PC” may have. These range from just trying to broker an agreement in real time as they arise to making (in more contentious cases) a binding decision until the ...
June 8, 2016Adam Hayes