The point of a civil or criminal trial—overall--is to ensure substantive and procedural due process and protection of fundamental and key constitutional principles. However, no trial court is infallible and most trials do not occur without legal errors being made. This is why some errors may be deemed “harmless” and not afford a new trial or reversal. Stated differently, this means that unless a given error ... Read More
22
Feb2017
14
Apr2016
The Line Between Abuse, Neglect and Criminal Acts in Indiana
One of the strongest constitutional protections is the fundamental right to raise children without the State telling parents how to do it. However, everyone understands that freedoms and rights come with responsibilities and obligations. This is also true for children. Indiana is a conservative legal state, but has drawn lines where those rights end and move into civil or criminal acts on children by parents. This blog explores four key areas where a parent’s decision may ... Read More
20
Oct2015
In Indiana, the Department of Child Services (DCS) investigates all allegations of abuse and neglect of Indiana’s children. There is a hotline where any person who suspects abuse or neglect of a child may make a report: 1-800-800-5556. Reports often come from doctors, teachers, and counselors.
As a parent of underage children, it is possible you will receive a DCS inquiry about abuse or neglect of your child(ren) in your home. By law, an investigation must occur in a short time and this may leave you unsure whether ... Read More
05
Jun2014
According the Census Bureau, in 2009, 7.8 million children lived with at least one grandparent, a 64% increase since 1991, when 4.7 million children lived with a grandparent1. While the census only addresses grandparents raising their grandchildren, this is a strong indicator of trends in society wherein more third parties (grandparents, aunts/uncles, friends, etc.) are raising the children of other people. When these situations present themselves, there are many legal issues that need to be addressed.
First, as a general rule, there is a strong ... Read More
14
Jan2014
Now that the holidays are over, and winter is upon us, inclement weather can unexpectedly cause travel problems and get in the way of normal parenting time exchanges. If the recent storms in Indiana have taught us anything, it is to be prepared for bad weather that can cause schools, work, and all travel to be canceled.
If you are ordered to follow the Indiana Parenting Time Guidelines (or if you have ... Read More
26
Nov2013
Society, and what comprises a family, has changed since the Leave it to Beaver days. Many more families are comprised by any mixture of parents, step parents, same sex couples, extended family members (aunts/uncles/grandparents), and even non married opposite sex couples cohabitating. The change in societal norms, and the construction of a family unit, has inherently caused the ... Read More
09
Jul2013
As summer break is upon us and families begin to plan trips and vacations for the summer, the issue of dividing and determining summer parenting time becomes an issue for many. In this blog, we will explore 3 tips to make these issues run a little smoother, and hopefully make summer break an enjoyable time for all.
1. Share the Details.
One issue related to summer parenting time and vacation is that the parent not travelling is unsure of the details, and wants ... 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 ... Read More
25
Jun2013
There are two general types of adoptions of a minor child. The new family adoption, and the step-parent adoption.
First, the new family adoption, which terminates both the Mother and Father’s parental rights, and the new family (new mother and father) acquire the same parental rights as the biological parents once had.1
The second type of adoption is commonly known as “step-parent” adoption. A step-parent adoption only divests one parent of his or her parental rights in ... Read More
25
Apr2013
When custody and parenting time have been determined in a divorce or paternity action, a parenting time schedule is often put into place. Generally, a standard parenting time schedule when one parent has been granted primary or sole physical custody of a child over the age of three (3) is that the non-custodial parent will receive a midweek visitation (this may be overnight depending on the age of the child and the circumstances of ... Read More
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