“Contempt of Court” is a phrase most of us have heard at some point in our lives. However, other than being familiar with the phrase, many have a very limited understanding of how contempt works and when it can be used. For instance, many do not know just how common contempt proceedings can be in child custody cases. But, you may be wondering, what is contempt? How can I defend against allegations of contempt in custody cases? In this blog, we provide brief overview of contempt, and provide advice on how you can defend yourself against contempt allegations.
In Indiana, there ... Read More
Tag: child custody
15
Jan2021
08
Jan2021
Like everyone and everything in life, the judicial system isn’t perfect. Mistakes are made. Sometimes, these mistakes can result in an improper verdict or decision. Child custody determinations are no different. Fortunately, our judicial system provides individuals with the opportunity to appeal certain rulings or decisions believed to be wrongly decided. But what about child custody rulings, can those be appealed in Indiana? If so, when should you appeal? In this blog, we look at when you can appeal a child custody determination and provide some considerations for you to keep in mind when deciding whether to appeal.
In Indiana, the ... Read More
07
Jan2021
Today’s society is a mobile one, and people are moving now more than ever. As such, many parents find themselves, or the other parent, moving to a different state. But, what happens if one of the parent’s wants to file for a modification of custody? Do they have to file in the state that made the initial custody determination? Can they file in the state that they just moved to? How do court’s treat custody cases that involve multiple states? Well, it depends. In this blog, we look to answer these questions and look at when Indiana is the appropriate ... Read More
04
Dec2020
Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you receive an unfavorable final order.
As a threshold matter, a litigant must understand how the Divorce Act directs judges to analyze and decide child custody in the children’s best interest. Specifically, the judge hearing the evidence is to determine what is ... Read More
03
Dec2020
When a child is born out of wedlock or a divorce with children is filed, there is often dispute about who should have physical custody. Physical custody is the parent whom the court orders to have the most time with child. The other parent gets parenting time under the Indiana Parenting Time Guidelines (herein, “IPTGs”). At the initial determination, there is no preference for either parent. This blog sets forth five mistakes parents routinely make in child custody litigation and in subsequent modification litigation.
Maternal presumption: For a significant amount of time, the maternal presumption or tender years presumption was the ... Read More
25
Nov2020
In filing for or defending against a child custody modification, there are many misconceptions that litigants should know in in order to be success in obtaining a modification or defending against. If these are not recognized and considered, it may hurt your legal position. This blog analyzes these problems so you can properly work with your counsel to address them as they come up in court.
The biggest mistake a parent may make in filing a child custody modification action is filing because of life changes, such overcoming addiction to street or prescription drugs. By itself, it is insufficient to modify ... Read More
20
Nov2020
Child custody proceedings tend to be confusing and emotional times. Whether it be an initial custody proceeding, or a modification of a pre-existing custody order, the process always seems to be draining on all involved parties. However, you can relieve some of the emotional burden by avoiding some common mistakes many individuals make in custody proceedings. In this blog, we provide four tips for parents in custody disputes in Indiana.
Cooperation and Compromise with the Other Parent. While you may not like the other parent, it is extremely important to work with the other parent. How you behave around the other ... Read More
13
Nov2020
Everyone has heard of a “nightmare” child custody battle. Most other civil cases boil down to money. In some high conflict custody cases, the battle is about custody, joint custody, or additional parenting time beyond what is set forth in the Indiana Parenting Time Guidelines. This blog covers what courts consider in deciding physical custody and your options if you receive an unfavorable final order.
As a threshold matter, a litigant must understand how the Divorce Act directs judges to analyze and decide child custody in the children’s best interest. Specifically, the judge hearing the evidence is to determine what is ... Read More
05
Nov2020
When a couple divorces or establishes paternity, no party is a preferred parent. In other words, there is no presumption favoring either parent.1 Under the law, a father is just as likely to obtain physical custody as a mother—and fathers do obtain sole physical or primary custody in Indiana and throughout the United States. However, the parents and or children’s situations and circumstances change over time and a parent may seek to modify custody. This blog works through the basics of what you need to know about physical custody modification.
To move to modify custody, a parent must be able to ... Read More
29
Oct2020
Unfortunately, situations arise in our society where a child’s biological parent(s) may no longer be the best person to raise the child. If such a situation is present, there are different avenues a third-party can utilize in order to seek custody of a child in lieu of the biological parent. One of the ways in which a third-party can seek custody of a child is being declared the child’s “de facto custodian.” But you may be wondering “what is a de facto custodian?” or “how can I become a de facto custodian?” In this blog, we try to answer these ... Read More