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
04
Jan2018
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
21
Dec2016
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 ... Read More
08
Jun2016
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 ... Read More
22
Mar2016
The Divorce Act and cases that control Indiana divorce law are driven by policies that favor the parties reaching agreements. Particularly where children are involved, agreements avoid the “warfare” that sometimes ensues with contested custody cases.
However, all such agreements must be in the children’s best interests. Ultimately, Indiana’s trial court judges stand in loco parentis (act as a parental figure) and review agreements to ensure all such agreements between the parties over their children are, in fact, in their best interests. In ... Read More