The holidays of Christmas and New Year’s give most Americans a chance to have some time off work, relax, see family and friends and refresh and recharge to start the next year fresh. Sadly, these great times provide unique chances to run into legal troubles that spoil the time and carry over into the next year. Ask any policeman, fraud investigator, or attorney . . . .This blog provides court tips to avoid a normally avoidable “event” and legal trouble you may not have thought of but should! DUI and Public Intoxication. New Year’s Eve is a notorious time for getting ...
December 21, 2018CD
Eventually, the “litigation” dust settles for most every acrimonious divorce or paternity fight over custody and the parents remain to co-parent. No longer are there attorneys or judges in the picture. Nevertheless, there is often lingering hostility that may become exacerbated by everything—including a new romantic interest. This dynamic often makes co-parenting what courts describe as a “battleground”. While there are numerous ways to address parenting-time conflicts that take time and cost money—such as contempt’s or parenting coordinators, this blog covers three common sense, but often overlooked ways, to minimize or eliminate some co-parenting conflicts. The first and newest tool available ...
September 26, 2018CD
A prenuptial agreement is nothing more than a contract that specifies how certain matters will be handled and decided if the parties’ marriage later fails (or a spouse dies). The most common scenario where prenups are used occurs when one spouse has significantly more assets. The prenup typically protects these assets brought into the marriage from being divided with the other spouse in the event of a divorce (or death). These agreements are allowed under by statute in Indiana and are generally enforceable unless they try to specify terms related to children that may be born between the parties. However, ...
April 5, 2018CD
Every year civil and criminal defense attorneys across the state and the citizens at large handle or read headlines about “gun blunders” that cause the once-law-abiding citizen to wind up charged with a criminal act. This blog identified the five most common gun myths to help you avoid them, minimize criminal risk and look inside of the defenses. Becoming the aggressor: In many cases, someone with a firearm may be authorized at a given moment in time to stand his or her ground and use deadly force and have an affirmative defense to what would be an otherwise criminal act. However, normally ...
October 30, 2017CD
The number of appeals in Indiana is small compared to the overwhelming number of cases tried in Indiana’s trial courts each year. Correspondingly, there are only a few more than twenty appellate judges and senior judges who decide appellate cases. There are few attorneys who handle appears on a regular basis. On occasion, the small appellate bench and bar get to interact at professional events. At a recent gathering, the appellate judges provided wisdom about four key mistakes that they see with appellate briefing you should avoid in your brief (or insisting your attorney place in your brief). These are gems ...
October 20, 2017CD
Over the course of several decades of collective domestic practice, Ciyou & Dixon, P.C. attorneys observe two reoccurring mistakes that parents make, perhaps unknowingly, that may lead to contempt or modification actions or otherwise institute ill will and make it harder to co-parent and act in the children’s best interests. This blog post explores these mistakes so divorcing or divorced parents can avoid them. The first is enrolling the children in school and not listing the child’s other parent on registration forms. This takes a more sinister turn when the parent lists the new significant other as the emergency contact. This ...
April 27, 2016Adam Hayes
Failing to Include Assets and Value Them and Informal Loans from Parents and Third Parties While emotion often overrides divorce proceedings, particularly where child custody is in dispute, it is key to identify if sufficient evidence of all assets of the marital estate are present. Marital assets also include debts. The Indiana Court of Appeals recent Barton v. Barton case makes this point. First, loans versus gifts from parents are difficult to determine. It is the litigant’s burden of proof to establish in the evidence the funds from a parent or a third party are a loan instead of a gift. Typically, ...
December 17, 2015Adam Hayes
The Holiday Season is a time of joy and stress for everyone. This is particularly the case for parents who have children from divorce or paternity with child exchanges. Holiday time is magical for children and there is a finite amount of this holiday time. Both parents want their time. However, the legal system cannot get back this time by a subsequent legal proceeding, so try to avoid unnecessary conflict. Sometimes there is no ability to resolve any and all issues and a court action for contempt or modification is merely reflected and magnified by holiday parenting disputes. However, if the ...
December 15, 2015Adam Hayes