In the 1960s and 1970s, a parent and the kids would sometimes go on “vacation” and while away, the spouse with the children would file for divorce in another state to gain custody. This because so problematic (as is the case with child support enforcement) a uniform child custody (litigation) act was passed into1 law in all states. This law, which all other states recognize with some exceptions, dictates the child’s “home state” is where divorce and custody proceedings subsequent custody must occur. A child’s home state is where ... Read More
25
Jul2018
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
27
Jun2018
Jobs and relationships (significant others) are in a constant state of change in today’s digital world. However, in cases where two parents share custody or one has primary custody and the other parenting time from a divorce1 or paternity order, a relocation of any significant distance can create a potentially significant issue for parenting by the non-relocating parent. Where the custodial parent is the relocating parent, if challenged by the remaining parent, the relocating parent must ... 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
14
Sep2016
A number of our blogs over time have discussed the “how to” of a good faith relocation. Unfortunately, sometimes a parent gets blinded by the desire to move and loses sight of the fact this may not be in the children’s best interests; and he or she may provide very little or no notice and relocate. This blog addresses the potential remedies to stop or challenge a custodial parent’s relocation with the child by the non-custodial parent.
When the custodial parent provides timely ... Read More
23
Aug2016
In 2006, the Legislature passed a “relocation statute” to provide guidance to the courts on how the courts should address a parent who wants to relocate, especially since this type of action typically involves creating some distance between at least one of the parents and the minor child/children. The statute mandates that the relocating parent provide advance notice of the intended relocation and that the relocating parent has the burden of proof to demonstrate "good faith ... Read More
23
Jun2016
In 2006, the General Assembly enacted a new statute addressing relocation of parents in the child custody provisions of the Divorce and Paternity Act. The relocation provisions required certain notice to be given to a non-relocating parent who may object. This was interpreted by the Indiana Supreme Court in 2008 in the Baxendale case.1
In general, Baxendale, directed a trial court may consider relocation as a part of the best interests factors and modify custody to the non-relocating parent. Since ... Read More
09
Dec2015
Many divorce lawyers receive requests for guidance from their clients on “changing venue.” In Indiana, this is not common and is generally associated with moving the case from one county to another. This occurs in rare occasions in criminal cases in order to ensure an impartial jury.
In a limited number of cases, first, the case may be filed in the wrong county by mistake or the parties move from the county during the divorce. Where these facts exist, it may be possible to ... Read More
02
Dec2015
Our society is more mobile than ever, working from home to teleconferencing across the globe. This makes relocation by a custodial parent more likely now than at any time in the past. There are three keys that a custodial parents must establish in order to be allowed to relocate with the children.
First, and perhaps most important, is that the relocation is made in good faith and for a legitimate reason. A job transfer, layoff, and work-related reasons are the most common and likely to be successful. What ... Read More
07
Oct2015
In paternity and divorce cases, parties sometimes do not fully understand “legal custody.” Legal custody has nothing to do with who a child stays with for parenting time or custody. Instead, it is which parent(s) has the authority to make decisions about the child’s health, education, and religions decisions.1
If it is in a child’s best interests, the court may award joint legal custody. This is generally appropriate and in the child’s best interests when the parents have a generally shared view of these matters, ... Read More