When custody is decided by a court, the over-arching factor guiding the judge is the best interest of the child or children. This seems obvious but is also a broad and nebulous concept that often makes for a tough decision for a judge. While there are cases where there is drug abuse or abuse of the spouse or child, and it is pretty clear and easy for a judge to decide what would be in the child’s best interest, most are not so easy. In a ... Read More
23
Dec2019
18
Dec2019
A common question litigants have in family law cases is whether there is a way they can be reimbursed for their attorney’s fees? The answer is somewhat complicated and it depends. In most litigation in the United States, we follow the “American Rule”, which is each side pays its own attorney’s fees. However, in divorce and paternity cases in trial courts and on appeal there are ways a party may recover some or all of his or her attorney’s fees. This blog ... Read More
13
Dec2019
It would be naive to think that it is a rare occasion that substance abuse by a parent is raised in divorce and paternity cases; it is common and must be addressed by the courts. In a divorce proceeding it is important to note that, substance abuse, covers a very broad spectrum of “drugs” and is considered in varying degrees. If you find yourself in a situation where the words “substance abuse” have been brought up in your divorce, you may find this blog helpful.
It is ... Read More
06
Dec2019
Filing for divorce is hard. It’s an emotionally draining time for everyone involved. And as such, it is a decision that should not be made hastily. But, if you find yourself in a situation where you feel divorce is inevitable, you may be wondering, when is the best time of the year to file? While there is no advantage, legally speaking, to filing in one month as compared to another, there are several benefits to filing for your divorce at the start of the ... Read More
26
Nov2019
In a paternity or divorce case where custody is in dispute, it is not uncommon for the parents to have differing opinions and/or negative opinions of one another. It is inappropriate for these feelings and opinions to be expressed to, in front of, or around the child or children. This is something that a majority of parents are aware of and try to constrain because they are aware it is hurtful and harmful to the children. However, in some instances, these negative and toxic ... Read More
08
Nov2019
The short answer is, yes, using marijuana can cause you to lose custody of your child. However, this is not a simple black and white rule. The ever-changing legality of marijuana use from state to state has caused pause in the Indiana legal landscape. Things such as the recent announcement by Marion County that it will not prosecute simple marijuana possession charges are part of the reason a simple yes or no cannot answer this question. It is important to know that ... Read More
07
Nov2019
As we all know, “life happens” and circumstances change. That custody order you once had may seem to become impractical as time goes on. Maybe you moved to be closer to your child and now you want more time. Or maybe you were once on hard times but now feel you are able to offer your child more than when the custody order was put in place. Whatever the reason may be, Indiana has established a specific statutory code to deal with the modification ... Read More
24
Sep2019
Parents constantly worry about their children. The problem is magnified when the threat of harm to the children comes from your ex (or biological parent) as like you, they too have a fundamental right to raise their children. However, courts treat abuse—particularly physical abuse very seriously— as they are charged with always looking out for the children’s best interests. This blog covers legal tools you may engage to obtain “protection” for you children to key evidence you may need to make your case.
Depending ... Read More
23
Sep2019
In most post-divorce cases, there comes a time when a non-custodial parent believes it is “time” to go back to court and move to modify custody. One major mistake parents make is equating the betterment of their life with a substantial change for their children to modify child physical custody. Custody modifications are not uncommon, and presupposing you are not making this mistake, what you need to establish to likely prevail in your modification case is based on three components that are explored in this ... Read More
20
Sep2019
It is common knowledge that addiction to illicit and prescription drugs is at “epidemic” proportions in the United States. Unfortunately, families are not immune from this problem and many divorces are tied to addiction (which may be tied to mental illness diagnoses as well). Many spouses simply do not know how addiction may play into divorce, so they wait or do not file at all until it is too late. This blog covers what you need to know about filing for divorce where addiction ... Read More