Do I need an attorney if I am contacted by DCS about my children? Yes. Your right to parent your child is a fundamental right, guaranteed by the Due Process Clause of the Fourteenth Amendment. But, just like any other right in life, it is not absolute. For example, parents can discipline their children (known as the parental privilege) but do not have carte blanche to abuse or neglect their children. When a child is in a detrimental home environment or is found not having their basic needs met, then the State can become involved to protect the child. These questions ...
February 6, 2019CD
Whoever said “there is a fine line between love and hate” was on to something. Frequently, two people who were madly in love, somewhere stumbled and are now getting a divorce. As you may have already figured out, those loving days are gone, and not only are they gone, but that love has been replaced, in most cases, with resentment towards the other person. So, what do you do when you are going through a divorce? What shouldn’t you do? How do I act? How should I treat the other person? These are all valid questions. In this blog, we ...
January 31, 2019CD
What is Third-Party Custody and How You Can Obtain Custody of Children You Are Raising?1 A commonly shared belief in our society is that children are often best off in the care and custody of their biological parents. The Supreme Court has stated that one of the oldest fundamental rights in the United States is a parent’s right to the “care, custody, and control of their children.”2 While this right is fundamental, like most everything in life, it is not absolute. The reality today is millions of children are being raised by grandparents, friends, neighbors, and strangers. This creates situations in ...
December 4, 2018CD
Depositions are a way of gathering information about a case that actually involves your active participation with the attorneys. Most other forms of discovery are just through mail or electronic without both (or several) attorneys or a court reporter (who takes the deposition). A deposition is unique in nature because it allows questions to be asked of you and questions on responses that you cannot prepare for in advance. This blog covers five things you should know before you are deposed. Having this information in advance will allow you to provide more accurate or complete answers, advancing your case. Alternatively, it ...
February 8, 2018CD
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 while (and after the case) pending, including: claims of or actual domestic violence and/or criminal ...
January 4, 2018CD
In criminal and domestic cases in particular, a litigant is often at his or her lowest point in life, facing a serious criminal charge or a messy and protracted divorce. The outcome of the case may shape their future. For this reason, most lawyers have encountered family and friends wanting to pitch-in to fund a proper case for a loved one. The question that arises is what are the ethical and practical limits to third-party payers. This is the focus of this blog post. The first and sometimes hardest point for the client and his or her financial helper is to ...
January 3, 2018CD
"Do I need an Attorney if I'm am contacted by CPS about my child in Indiana?" Each year Indiana Child Protective Services receives and investigates thousands of calls about suspected child abuse or neglect from a host of individuals ranging from doctors to teachers to counselors. Their job is to investigate and, if necessary, file a request for a Child in Need of Services case to be prosecuted. Many parents wonder when and if they should have their own attorney. This is the topic of this blog post. In short, the answer is “yes” there is the right to counsel, and parents ...
January 4, 2017Adam Hayes