Supposing a custodial parent is permitted by a court to relocate with the child to another state, there are often matters that arise after relocation that must be decided by a court with regard to the child. This brings up a relatively frequent question of which court decides, the court in the child’s former state of residence, generally the “home state,” or the state where the child now resides. Generally, the court in the child’s former “home state” retains jurisdiction so long as the non-relocating parent resides there. However, a petition may be filed in the new state asking it to ...
June 16, 2015Adam Hayes
During the dissolution process, there are many topics that need to be addressed. The “big three” include child custody, child support, and dividing assets and liabilities. However, there are often numerous other issues that may be equally important to one or both of the parties. One of these potential issues is the wife legally changing her name back from her married last name to her maiden name or other name. While this is not a particularly difficult process legally, it may be a bit of a challenge/process to change on all documents (mail, credit cards, etc.). Also, a soon-to-be ex-husband cannot demand ...
September 4, 2012CD
One rather complex issue is what evidence a parent has to put on at trial to receive more parenting time. Is this burden different from a physical custody modification since the net result can be deemed a change in how much time a child spends with the non-custodial parent, including more overnights, up to equal time? As advocates with a focus on education, Ciyou & Dixon, P.C. attorneys routinely go over these subtle distinctions with clients. We hope this blog post elucidates your view on these slight-to-major differences. Perhaps you cannot meet the burden to obtain a custody modification, but the ...
April 3, 2012CD
Child Support to End At Age 19!! A near universal we observe is that child support is an issue that is contentious: the payor argues it is not enough to take care of the child and the payee too much support for him/her to live a decent lifestyle. And child support is applicable to almost every paternity and divorce action in which children are involved (Indiana Child Support Rule 2 (Presumption)). Precisely, the Indiana Child Support Rules and Guidelines, with foundational support in Indiana (and federal) statutes, help parties determine how much to pay, when to pay, and when to stop paying. ...
March 13, 2012CD
Perhaps. Yes. No. Maybe. The answer is driven by the facts. Even with the most caring parents committed to making post-divorce parenting work, disputes and disagreements are common with the other parent’s right to reasonable parenting time. At Ciyou & Dixon, P.C. we frequently receive questions about denial of the first right of refusal to be the caregiver when the possessory parent is unavailable , tardy pickups and dropoffs , and denial or interference with phone contact. One of the central questions raised by our clients and other family law litigants is does this mean custody can or should be changed? The general ...
January 31, 2012CD
At Ciyou & Dixon, P.C., we observe the failure and dissolution of a marriage, particularly those with younger children, is as much an emotional life event as a legal matter. Both parents deeply love their children, and want a post-divorce lifestyle to maximize time with the children and quality of life. This usually creates significant emotional stressors, which translates into the litigation in a myriad of ways when acknowledged by the litigant-parents: neither parent is going to spend the time with the children they did before and their individual standard of living is going to likely be scaled down. Thus the actual ...
November 3, 2011CD
Ciyou & Dixon, P.C. attorneys routinely face questions about the merits and timing of a child custody modification action. In many cases, the facts are not enough to demonstrate a substantial change in circumstances. The respective parent is rightly concerned, but this is legally insufficient. Nevertheless, we observe five (5) times in a child’s life when a parent should consider filing a child custody modification proceeding. This does not mean that each such circumstance will be sufficient from an evidentiary standpoint, but statistically speaking, these are more likely factual situations where the legal burden will be met. We hope this article will ...
October 20, 2011CD
As domestic advocates, Ciyou & Dixon, P.C. attorneys frequently are consulted and accept child custody modification cases. In order to modify physical custody, the moving parent must show there has been a substantial change in the child’s environment and the modification is in the child’s best interests. We find most post-divorce child custody modification cases fall within three (3) categories. The first is where a party is still re-litigating the past. The statutory rule nevertheless prohibits a trial court from hearing evidence occurring before the prior custody order. Thus, if this is the case, it is unlikely to be successful. The two ...
August 30, 2011CD
With a long-existing Indianapolis divorce practice, Ciyou & Dixon, P.C. attorneys have observed four common life changes that parents with children encounter after they are divorced that they do not understand may require legal action. Some of the emotional, financial consequences, and impact on life can be limited with identifying the issues. We hope this helps. Significant Change in Income or Job Loss. Domestic court judges are given very broad discretion to do what is fair (equitable). However, all legal authority has constraints in order to keep if from becoming arbitrary or unequally applied. One situation, in which the trial court has limited, ...
August 23, 2011CD
As advocates who have handled hundreds of different physical custody modification cases, Ciyou & Dixon, P.C. advocates find all fall into two (2) strong factual cases for modification and two (2) weak ones (which are easier to defend). If you desire to modify custody, or are defending against a modification as a custodial parent, it is helpful to determine what type of case you have. The more insight you have, the more likely you will make solid legal decisions. And the better job you can do in helping your counsel prosecute or defend your position. Recovery from addiction or regulation of mental ...
August 16, 2011CD