A concept Ciyou & Dixon, P.C. attorneys sometimes observe clients (fathers) struggle with is grasping that law reflects the social policy of the day in action (With this blog topic in the present time, it is the perception or expectation or reality that mothers are better suited for the role as custodial parents and do obtain awards of physical custody on a more frequent basis). Most often, however, courts are tasked with enforcing the laws, not judicially re-writing them in any given society at any given time. The most known, and obvious, exception is where a law crosses a constitutional threshold ...
December 20, 2011CD
In a down economy, coupled with the consolidation in virtually every aspect of business, relocation is a frequent issue arising with custody and after the divorce decree is final. As family law attorneys, Ciyou & Dixon, P.C. is frequently asked to advocate for or defend against relocation by a custodial parent with the children. The reason this topic generates so much acrimony is because it almost always involves the non-custodial parent losing parenting time with the children or having it dramatically reworked. Thus, it is not surprising many of these cases are tried. In every Indiana custody relocation case, there are ...
August 25, 2011CD
All seasoned family law attorneys, judges, and related professionals, such as parenting coordinators and therapists, have worked with parents who simply cannot get along and reach agreement on simple things. Appellate cases report parents who make parenting with their children a “battleground.” Often this becomes acute with face-to-face transitions of the kids. Sadly, some parents have to have these supervised or occur at a place like a police station. Children “get it” and carry this baggage into their future relationships. At Ciyou & Dixon, P.C., we see this unfortunate situation occur on a daily basis. Over the years, we have compiled a ...
August 11, 2011CD
Psychological research evidences divorce has many parallels with losing a loved one to disease or age. At Ciyou & Dixon, P.C., we observe the “perfect” divorce is one that untangles and disconnects the parties from each other completely. Then the grieving process can begin and, over time, the parties can move on in productive directions, being even better future spouses if they learn from their mistakes. If there are children born of the marriage, total separation does not ever occur, even after the children grow up and move on in their own lives and relationships; there are weddings, births and funerals where ...
August 4, 2011CD
A custody, parenting time and relocation evaluation may be requested and ordered by a domestic court where any of these contested matters are at hand: child physical custody (its initial determination or modification); legal custody, parenting time, and/or relocation. Such evaluations are a vital tool (of many) to consider in any given custody issue. At Ciyou & Dixon, P.C. we often find the place to start with a client we represent in such matters is with a fundamental explanation of terms. This ensures attorney and client are “singing from the same sheet of music.” Thus, where you the reader face a similar ...
June 7, 2011CD
Ciyou & Dixon, P.C. child custody advocates frequently discuss custody evaluations with their clients. They are one of the many tools in a domestic attorney’s tool box that may help a client to reach his or her custody objectives. To make the most of any case, however, they should be considered, not just used as a standard course. The place we begin at Ciyou & Dixon, P.C. is to explain to our clients the custody evaluation process. There are a number of concepts that you must understand to help us determine if this is, in fact, the right legal tool for ...
Parenting Coordinator questions are frequently asked of Ciyou & Dixon, P.C. attorneys. To understand the answers, some history of custody and visitation (now called parenting time) is in order. Less than 20 years ago, one parent was awarded physical custody by the trial court, and the other visitation. Most courts (in all counties) merely followed the Marion County Visitation Guidelines. The non-custodial parent had regular visitation one night during the week and overnights on alternating weekends. Ultimately, the social, psychological and legal experience demonstrated that this was not optimal. Children of different ages had different needs, as did their respective parents ...
"How Hard Should I Fight This? And, What is the Hague Convention?" You should fight HARD. Under the Hague Convention on the Civil Aspects of Child Abduction, signatory countries may seek to have a child returned to his or her country of habitual residence. This is very complicated, and you will need knowledgeable family-law counsel to guide you through how the treaty operates in each country (who speaks French or English, which are the official language of Hague treaties, plus the native language). This is a time-consuming and expensive process. It is important to note the Hague Convention only applies to ...
What Do the Indiana Parenting Time Guidelines Mean For A Non-Custodial Parent? The Indiana Parenting Time Guidelines and commentary set forth when a non-custodial parent should have the kids. They were adopted by the Indiana Supreme Court and are presumed to apply to all custody orders issued by all of Indiana’s trial courts. The Guidelines are focused on a child’s physical and emotional needs from infancy through adulthood. For infants and toddlers, the Guidelines provide less-lengthy, but more-frequent, time to the non-custodial parent. Ultimately, during school years, the Guidelines anticipate parenting time one evening (night) during the week and ...
Most parents who are not divorce lawyers often sense when physical custody should be modified. Little bits of information they receive from the kids, teachers, friends tell them this. A parent can help his or her lawyer prepare a modification case and save legal fees by helping answer some key questions to the following checklist. Try to answers these questions in advance of consulting with your attorney: How are the children doing in school? What has changed with the parent(s) and children since the last custody order? Do the parents have new significant others or spouses? Is a parent moving or has moved? Are the children ...
March 18, 2011CD