Everyone knows of a custody “battle” waged by a family member or friend--where both parents are entrenched in their positions, are convinced they are right (and maybe are), and fight tooth and nail to have the time with their children they believe is in their best interests. Or, is this your case? Most commonly, this struggle is waged through successive litigation involving contempt actions and modification petitions; trial courts retain custody jurisdiction to hear and decide these matters until the children are adults, meaning the litigation can go on for years. As ... Read More
30
Aug2018
11
Jul2018
Perhaps everyone who reads this blog will agree that routine and “sameness” are considered aspects of our daily life. The old adage, “change is hard”, best captures this concept. The same is true for children of divorce and paternity cases. The initial determination of which parent should have custody is “gender neutral” and gives no parent a preference for preliminary custody in the trial court’s initial determination.
However, after the case is decided, where custody may change, the children usually establish ... Read More
18
Jun2018
Today, millions of children are being raised by grandparents, friends, neighbors, and sometimes, total strangers. This trend is growing each year. In this situation, these individuals acting as “parents” have no legal rights to the children they are raising, despite the fact they are providing for all aspects of their physical and emotional well-being. Practically speaking, this reality can create a multitude of problems for the caretakers, from enrolling the children in school to obtaining health care. All the ... Read More
04
Jan2018
Almost everyone knows someone who has been, is or will be going through a “terrible” custody battle. The best of parents—acting under the stress of a separation or divorce—experiences a range of emotions from loss to rage.
In some cases, the perceptions of the parents are magnified by underlying psychological issues, substance abuse or both and lead to the truly high-conflict custody case. While there is no legal definition for a high conflict custody case, they all share some of the same hallmark behaviors and incidents ... Read More
26
Dec2017
Custody is initially determined by the courts in divorce or paternity by considering statutory factors, including the age of the child, his/her adjustment to their home, school, community, and the mental and physical health of all individuals involved.1 In this situation, there is no preference for either parent.
Psychologically and socially, children need stability so custody is not as easy to modify. However, custody can be modified by a court upon a showing of substantial change in the initial custody factors, and that a modification would be ... Read More
08
Nov2017
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 ... Read More
22
Sep2017
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 ... Read More
07
Jun2017
In many divorce and paternity cases, a continuum is presented where the parent-child relationship may be strained to non-existent. Parents want to see their children. Children want to spend time with their parents. This is a basic bond of parent-child relationships and why parents have a fundamental right to rear and make decisions for their children—one of the oldest and most protected rights under the United States Constitution.
For these and many other reasons, supervised visitation (by a third party) of a parent with his or her children ... Read More
13
Apr2017
Let’s face it. There are some parents that just cannot agree on certain issues related to their child, such as extracurricular activities or (legal) discipline of the child. As a result, Indiana has started utilizing a newer method to address co-parenting in these situations. This blog post focuses on parallel parenting, a concept targeted toward parents experiencing consistent conflict due to their inability to agree to virtually anything, sometimes reflective of different life views that led to divorce and, others, the on-going “wounds” from the breakup of the marriage.
Parallel ... Read More
10
Jan2017
In Indiana, there are two higher courts a party may seek an appeal from any final trial court order. There is an appeal as a matter of legal right to the Indiana Court of Appeals. A party dissatisfied with a decision of the Indiana Court of Appeals may seek discretionary transfer to the Indiana Supreme Court. This blog covers the five most common types of appeals taken to the Indiana Court of Appeals from final orders in domestic cases (i.e., paternity, ... Read More