As we all know, life happens, and circumstances can change quickly. That custody order that was recently put in place may seem to become impractical in a moment’s notice. Maybe you or the other parent are intending on moving to a new state. Or maybe the other parent married someone that you believe is harmful to your child(ren)’s well-being. Whatever the reason may be, Indiana has established a specific statutory code to deal with modification of custody. This blog provides a brief overview of modification of a custody order and the process behind same. In order to modify a custody order, ...
Tag: child custody
October 16, 2020CD
We quite frequently receive questions and complaints from clients regarding the other parent’s misconduct towards them or interference with their parenting time. These complaints tend to be followed with the question “can I modify physical custody?” Unfortunately, there is no hard and fast rule that can provide a ready answer to the question. Each custody case is unique, requiring an independent legal analysis. However, in this blog, we provide a quick overview of custody modification and when a parent’s misconduct or interference may rise to the level to modify custody. It is important to note that in Indiana, child custody modification ...
October 9, 2020CD
Ever since the United States Supreme Court determined that state bans on same-sex marriage were unconstitutional,1 the legal landscape has seen numerous changes regarding same-sex individual’s legal rights in divorces and ancillary matters flowing out of the divorce, such as division of property. One of the biggest changes that has occurred is the legal rights an individual has to a child born during the marriage. So, you may be wondering, what are my rights to my child born during my same-sex marriage? In this blog, we try to answer that question, as well as provide general information on an individual’s rights ...
September 17, 2020CD
Parental alienation is just what it claims to be.1 It is a parent (usually the custodial parent if the parties are divorced or the child is born out of wedlock) who engages in a systematic campaign to denigrate the other parent and make the child(ren) of the parties afraid of the other parent. Unfortunately, with children of a young age, they may be more than just conditioned to be afraid of the alienated parent, but they may come to have false memories of some bad act or event caused by the alienated parent. How this plays into a contested custody ...
September 4, 2020CD
In today’s world, busy courts have limited time to hear cases. The average case load in Indiana, that most judges manage, is in the thousands. In divorce and paternity cases, these judges have to decide child physical and legal custody, in the children’s best interests. Due to the fact many custody disputes have significant amounts of data relevant to the case and the children’s best interests, in many cases, the parties will elect to have a forensic child clinical psychologist appointed to make a custody evaluation report to the court. This single document, in many cases, eliminates the need for ...
August 28, 2020CD
After one party files for divorce, what happens next? By statute, sixty (60) days must pass before the court can enter a divorce decree. A divorce is often a complex financial transaction separating the parties’ assets and an emotional one involving child custody and support. Most divorces take at least a few months to finalize. During this time, many parties cannot agree on who will live in the marital residence, how they will share the children, what car each will drive and who will pay what bills. In these cases, typically one party will move the court to set a ...
August 27, 2020CD
In many cases, parents want an immediate court date to modify custody due to what they believe is an “emergency” matter. This may range from denying parenting time on a significant holiday and the children not being able to attend an important family event to a new relationship one parent develops with a person who the other parent believes is a bad influence on the children and/or puts them in harm’s way. Clearly, Indiana Courts have the authority to conduct emergency custody modification hearings (and do) to look out for a child’s best interests. However, in most cases, these types ...
August 21, 2020CD
There are numus ways to have your child’s voice heard in court to aid a judge with making a custody determination or a modification decision. In most cases, an attorney or licensed clinical social worker can interview the family and children in order to make a sound recommendation to the court about what he/she believes is in the children’s best interests. This is because they are neutral to either side. However, in a small minority of cases involving high-conflict custody proceedings, the facts are convoluted and may reflect deeper underlying substance abuse issues masking mental health conditions. In these cases, ...
August 6, 2020CD
In all child custody litigation—the original determination by a court or in passing on a modification petition—the trial court always looks at what is in the child’s best interests. In making its initial determination to award physical custody, there is no preference for either parent. With a modification, a substantial change in circumstances must be established and be in the child’s best interests. In this blog, we cover how courts consider the wishes of a child fourteen (14) years of age or older. With regard to age, a child’s advanced age is important to two (2) significant types of litigation: custody ...
July 22, 2020CD
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 understanding the basic workings of child custody in Indiana. In this blog, we provide four things to know about child custody in Indiana. Physical and Legal. The first thing to know about child custody in Indiana is that it is divided into two distinct categories. First, there is physical custody. Physical custody simply means the ...
July 16, 2020CD