As part of a divorce, custody, guardianship or other family law matter, children’s medical records are often sought to address any number of issues. Perhaps the child’s caregiver needs certain medical records for a child to be enrolled in school or an activity/sport. A parent may need the children’s medical records to determine whether child support should continue past the age of nineteen (19) if there is a severe medical issue where the child is incapacitated and there is a ... Read More
10
Oct2017
22
Sep2017
Throughout the last several years, the concept of parenting coordination has been catching on in Indiana. Effectively, Parenting Coordinators (known as “PCs” in high conflict matters) help parties resolve disputes in real time so children do not miss events or time with the other parent. The only other viable option before parenting coordination was a contempt petition or other legal filing in court, which was heard after the fact.
As of January 1, 2017, the Indiana Supreme Court officially recognized Parenting Coordination; it approved rules regarding ... Read More
07
Jun2017
In many divorce and paternity cases, a continuum is presented where the parent-child relationship may be strained to non-existent. Parents want to see their children. Children want to spend time with their parents. This is a basic bond of parent-child relationships and why parents have a fundamental right to rear and make decisions for their children—one of the oldest and most protected rights under the United States Constitution.
For these and many other reasons, supervised visitation (by a third party) of a parent with his or her children ... Read More
26
Apr2017
Family law, like every other profession, has its own language; a language that can be misunderstood, or may stand for many things depending on the context in which it is used. This blog covers the five key definitions that are used correctly, incorrectly, or a combination of both, in child custody proceedings. The better you understand these terms, the more informed litigant you will be.
The first term is an umbrella term generally referred to as “child custody.” Child custody refers ... Read More
18
Apr2017
Over time, the nature and complexities of divorce have changed. In the 60s and 70s, for instance, before uniform acts were adopted by the states on custody jurisdiction, a parent wanting to obtain child custody simply went on “vacation” with the children to another state, filed divorce, and had custody decided in a more favorable place to their legal objectives. Laws, lawyers, judges, and legislatures have done a great deal to level the playing field for litigants.
However, there are certain “no-nos” even today ... Read More
13
Apr2017
Let’s face it. There are some parents that just cannot agree on certain issues related to their child, such as extracurricular activities or (legal) discipline of the child. As a result, Indiana has started utilizing a newer method to address co-parenting in these situations. This blog post focuses on parallel parenting, a concept targeted toward parents experiencing consistent conflict due to their inability to agree to virtually anything, sometimes reflective of different life views that led to divorce and, others, the on-going “wounds” from the breakup of the marriage.
Parallel ... Read More
12
Apr2017
A topic or term known to perhaps every divorced (or unwed) father in the United States is “fathers’ rights”. Gather a group of fathers together and perhaps there would be no agreement on the precise definition and how this term would, could, or should play out in the divorce or paternity. However, they would agree, on the whole, they believe they are getting “screwed” by the system.
Such term, in fact, conjures up discussions ranging from the child support formula (unreasonable amounts it computes for non-custodial fathers) and denial ... Read More
17
Mar2017
In polling a room full of people who have experienced divorce, some will contend their ex-spouse is "crazy". Part of this is gallows humor and a way to cope with this past or present stressor; there are those for whom the situation will be a reality. This blog post addresses divorce and mental health statistics means to obtain a diagnosis or assessment under the law, and key implications for the divorcing parties.
First, divorce itself is now recognized as a traumatic experience and possible ... Read More
10
Mar2017
Clearly, natural and adoptive parents have a fundamental right to raise their children.1 However, given these constraints, the Indiana Courts have four important tools by statues and one by caselaw to utilize to assist third parties to obtain “custody” of children where their well-being depends on it.
The reality in the United States is that millions and millions of children are primarily raised by people other than their parents, mostly by grandparents and relatives. Millions more are raised for periods of ... Read More
26
Jan2017
In most marriages, there are good and bad times. At some junctures, most couples contemplate the “what if” of a divorce. However, while by statistics and commonly accepted social norms, divorce is just a part of life, there are many “unsaid” considerations that the statistics and societal norms do not account for. This blog explores 5 key legal and social considerations you should make before considering or filing divorce—that you may not hear from any other person but should ... Read More