Indiana trial court judges can consider literally anything and everything relevant to a parent-child relationship to make a child custody decision that is in the child’s best interests. Sometimes a single factor—such as a severe drug abuse or incarceration—make the decision much easier for the judge to sort through the evidence, as it is apparent that a parent who is locked up cannot be the child’s custodian. However, in most cases, both parents have good qualities and faults in parenting. This blog explores the three most important factors that influence a judge’s ... Read More
03
Jan2019
20
Nov2018
Probably not, at least right away. Ultimately, yes. Much of what lawyers and clients do in the legal system is far removed from the courtroom. However, where litigation is involved, the stakes are often high—in terms of loss of freedom, money/property or children. This type of litigation is a client’s life. A court loss is traumatic and sometimes leads to an appeal. All appeals are important but sometimes litigants just want “to go to the supreme court”. This blog covers few cases that ... Read More
15
Nov2018
In a Divorce, Am I Entitled to Half the Value of Property Titled with My Spouse If It Creates an Unequal Division of Assets?
Maybe? This is a common question as many people logically think if the mortgage/deed and title to a car is in both names, half the value belongs to each spouse on divorce. This brings us three closely related legal concepts that were all recently addressed in a key case decided by the Court of Appeals on November 7, 2018. This case and how it answers this question is the ... Read More
17
Oct2018
For most of us, it is easy to be prepared to go to a new doctor’s appointment. We generally know what the doctor wants to know (our medical history) and what brings us to the doctor in the first place (a routine checkup to a lingering pain or bump). On the other hand, most people really do not know what to expect when they first seek an attorney for an auto accident, divorce, or criminal matter. Just the thought of needing an attorney and making an appointment can be overwhelming ... Read More
03
Oct2018
When you are a party in civil litigation (you are suing or being sued), it is common to receive a subpoena for your deposition. This means your opponent is on a “fishing expedition” to find out everything you know about the issues involved in the case. This process is done before a court reporter and you are asked all sorts of questions. Depositions are different than testimony at trial since the opposing counsel can ask a much broader scope of questions at a deposition if they might lead to admissible evidence.1 Keep ... Read More
21
Aug2018
You have been convicted and sentenced. You may have even filed a direct appeal and lost. You are not guilty, or the State did not prove their case beyond a reasonable doubt. So, you want to file a Petition for Post-Conviction Relief (“PCR”). The remedy of PCR is one of the most difficult criminal procedures to interpret and understand and has little chance of success if the rules and laws are not strictly followed. Errors in filing can result in waiver of this remedy. For this reason, you should have an attorney ... Read More
14
Aug2018
No.
So, you catch a charge. You may have been questioned by police and given an inconsistent statement or confessed. The police may have searched you or your vehicle and found drugs. What does this mean for your case? Is the evidence stacked against you or is there a way to turn your case around? The answer lies in whether the police violated your Fourth Amendment Right1 against illegal search and seizure or your Fifth Amendment Right to remain silent. This blog explores the rules the police must follow under the Constitution and ... Read More
08
Aug2018
Yes. But as of Monday, July 31, 2018 so can certain advocates and attorneys for your children. This comes by a sweeping decision by the Indiana Court of Appeals applying the statutory authority for this power (or standing) created by the Legislature. This blog surveys when and why DCS may seek to sever a parent-child relationship and addresses who else the Legislature empowered to do so by a new application of the law.
After the Department of Child Services (DCS) brings a Child in Need of Services (CHINS) case, and the court finds ... Read More
31
Jul2018
In large segments of the United States population, couples are not having children, fewer kids, or waiting until later l in ife. This may account for the growing multi-billion-dollar industry related to pets: Dog dadaycarePet therapists. Organic pet food. These are all words that are as common to hear and convey as lol and emojis. And hearing “my child” is a dog [cat, or fill in the blank] is a norm. It is at the time of divorce, the pets sometimes become focal points. Both litigants “love” the dog and want him/her; ... Read More
26
Jul2018
Perhaps everyone has observed a television legal show where a witness “cracks” on cross-examination and admits to a crime;1 or in a civil case, the point a party or witness makes some other admission or statement when cross-examined by the opposing party’s attorney that ends the case. An example is when a witness or party is confronted with an incriminating email on cross-examination showing he or she knew some tortious act was occurring, but to that point had denied this knowledge--until admitting it on cross-examination. This blog covers the ... Read More