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
22
Sep2017
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
01
Dec2015
In every disputed custody case, the difficult decision facing the judge is who should have custody of the children and what parenting time the non-custodial parent should receive. The trend between litigants is seeking something close to equal time with the children. Whatever your objective, there are simple tips you can used to help your case for custody.
First, don’t be the parent who makes an issue out of everyday and normal deviations in parenting time a “war.” Under best interest standard, a judge considers who will ... Read More
23
Jun2015
With parenting time and visitation matters, technology has played a key role in aiding smoother parenting time transitions and contact. A basic example is on-line posting by courts of the Indiana Supreme Court’s parenting time guidelines. Every day, however, new forms of technology tools become available that facilitate parenting time/visitation. Depending on your situation, this blog introduces three such tools that may fit you need and/or prepare you for contempt/modification by helping capture evidence. Is one right for your situation?
The first is thefamilywizard.com that ... Read More
17
Jun2015
The very commonalities that brought two parents together in the first place often creates acrimony after divorce during parenting time exchanges, school events, and the like. In cases that are extreme, there are a variety of legal tools to consider that might resolve the issues, such as a contempt filing or parenting coordinator request. Sometimes, this even necessitates a modification of physical or legal custody or parenting time.
Nevertheless, no lawyer or court can solve every issue between the parties. Over the years we have observed three practical tips or observations ... Read More