Long gone are the days that mothers have a leg up on fathers because of the Tender Years’ Presumption. This presumption was that infants and perhaps toddlers were better served in their mother’s custody. Now fathers obtain physical and legal custody or are successful in the modification of custody with some frequency. Basically, it all comes down to the evidence the Court receives to determine what is in the child’s best interest. This blog covers the top six things fathers can ... Read More
17
Jul2019
09
Jul2019
Divorce is shrouded in fear and urban legend. However, for most couples in a broken relationship, it is the pathway to move on in a new and more positive direction when the divorce is ultimately granted by the Court. While divorce is a complex legal and financial transaction—and also an emotional one—sometimes involving professionals from psychologists to tax experts, it all boils down to three basic concepts you must understand to properly begin a divorce or help a ... Read More
01
Jul2019
In law, there are innumerable situations without clear answers. With this particular question, as a general rule, the answer is, “probably not”. This was somewhat common in the 1960s and 1970s. As a result, the states eventually adopted a version of the Uniform Child Custody Jurisdiction Act.1 This law provides a mechanism for states that are competing over the matter between two parents to resolve their dispute over at least custody of ... Read More
27
Jun2019
In today’s world of cheap flights and parents working globally, it is not uncommon for divorced parents or those with children born out of wedlock to want to take their child to the Caribbean for a vacation or meet up abroad at the end of a work trip. This means the child will need a passport. Under the State Department Guidance, the best way to do so is with both parents authorizing the passport application. ... Read More
20
Jun2019
Navigating the divorce process raises a lot of questions for parents. It’s common to have concerns about your physical and legal custody, especially when both parties don’t automatically agree on a plan. That’s when it might be time to call on a child custody lawyer. Whether you’re seeking primary or joint custody, you need to show the court how you provide for and spend quality time with your children—and that what you want for custody is ... Read More
12
Jun2019
Research consistently shows that the more involved a father is, the more successful his child is. Yet, winning primary or joint custody in a divorce case can be difficult for dads, even with the courts’ increasingly progressive views of co-parenting. Though it’s commonly believed that mothers “always” win primary custody, dads who prove their involvement and commitment in their child’s life can make an equally compelling case in today’s legal system. ... Read More
06
Jun2019
In today’s world, fathers are more active in their children’s lives than ever. In households where both parents work, some fathers are their children’s primary caregivers. However, in the unfortunate situation where a divorce occurs, many fathers feel “doomed” and have the belief that mothers always get “custody”. This blog explores what “custody” means and provides key tips for fathers who seek custody in a divorce.
The point to start with is an understanding of both “physical” and “legal” custody under Indiana law. ... Read More
23
May2019
The family dynamic is something that is always changing, and there is certainly no “standard” or “normal” family. After a divorce or a final determination in a paternity case, often one parent of a child has what is called primary physical custody, and the other parent (the “non-custodial parent”) has what is called parenting time. The terms of the non-custodial parent’s parenting time may take many different shapes, but in general, if ... Read More
25
Apr2019
Divorce matters are often stressful and trying times for a family that is undergoing radical changes. This is no different for the individuals in a same-sex marriage who seek to get divorced. However, spouses in a same-sex marriage may face certain hurdles or unique circumstances given that nationwide same-sex marriage was only recognized more recently via the United States Supreme Court’s holding in Obergefell v. Hodges, 135 S. Ct. 2584 (2015). This blog explores some of ... Read More
24
Apr2019
While there is never a good time for a divorce, conventional wisdom (and some New Year’s resolutions) have led to a wave of divorces being filed in January and February of each year. Part of the reason is due to families with children to hoping to wrap-up the divorce before the start of the next school year. However, school calendars, frequent relocations for work, and blended families have up-ended this trend to some extent. In many cases, filing a Spring or Summer divorce may ... Read More