The Impact Upon Children in a High Conflict Custody Case
This blog discusses the importance of trying to resolve disputes in high conflict custody cases to try to avoid emotional harm to the children.
Often in high conflict cases involving child custody disputes, the single most important factor is ignored by the parties: “what is in the best interest of the child”. Many times, the conflict begins because one party, the non-custodial parent “wants” something, usually more time with the child, and the custodial parent is absolutely opposed. Both parties may have a variety of reasons for their positions. But ultimately the ... Read More
Category: Custody Mediation
17
Jan2018
20
Aug2015
Twenty years ago, domestic mediation was not common in domestic cases. A primary reason is because spouses were bitter and, perhaps, socially divorce was associated with a courtroom battle. Today all of that has changes. The Indiana Supreme Court has allowed trial courts to order domestic litigants to civil mediation before a contested trial—and trial courts have adopted the view and usually require mediation before a trial.
Because mediation is accepted by our society at large, it has a different perception. This is that divorce cases do resolve at mediation. For this reason, litigants and attorneys embrace it as the end ... Read More
27
Jun2013
During the course of domestic proceedings, paternity may be at issue. There are, of course, original paternity actions, but paternity may also be at issue for related cases. For example, a third party seeking to modify custody or get a guardianship of a child will need to explore if paternity has been established before filing.
So, who can file a paternity action?
A mother or expectant mother,
a man alleging that he is the child’s biological father or
the expectant father of an unborn child,
a mother and man alleging he is her child’s biological father, filing jointly,
an expectant mother and a man alleging he ... Read More
08
Nov2011
Child support is often a point of discord among parties: the payor claims he or she cannot afford to pay the presumptive amount computed and determined by the Indiana Child Support Rules and Guidelines (viz-a-vie its Child Support Calculator); the recipient argues that the support does not maintain the children’s lifestyle, as it would have been, if the parties were married or had remained married.
It is not much easier for the bench and bar and litigants on less contentious legal issues because child support is the subject of numerous state and federal statutes, rules and regulations. In fact, the interplay, ... Read More
03
Nov2011
At Ciyou & Dixon, P.C., we observe the failure and dissolution of a marriage, particularly those with younger children, is as much an emotional life event as a legal matter. Both parents deeply love their children, and want a post-divorce lifestyle to maximize time with the children and quality of life.
This usually creates significant emotional stressors, which translates into the litigation in a myriad of ways when acknowledged by the litigant-parents: neither parent is going to spend the time with the children they did before and their individual standard of living is going to likely be scaled down.
Thus the actual ... Read More
04
Aug2011
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 ... Read More
18
Mar2011
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 ... Read More