With Americans increasingly living and working abroad as we expand to a global workforce, Indiana divorces with international aspects are not uncommon.1 This blog briefly highlights some of the issues you need to know if you are in this situation.
Jurisdiction. As long as one of the parties have lived in the state and county for six (6) months, the Court has jurisdiction to entertain a divorce case and it can make a custody award, divide the property, ... Read More
12
Sep2019
04
Sep2019
A question most every experienced divorce lawyer has been asked is “Can I obtain joint physical custody?” Joint physical custody literally means the children spend equal (or near equal) time with each parent. There are some standard ways this may be accomplished such as parents having the children on a 3-2-2-3 schedule or 5-2-2-5 (days). In some cases, the parents may even go week-on, week-off. This blog explores the current law on (joint) physical custody, how it may be reached and ordered at trial, and problems that ... Read More
30
Aug2019
While custody evaluations performed by child psychologists are somewhat common in contested custody cases, few litigants understand much more than the evaluator makes a report to the court about what custody and parenting time is in the children’s best interests. In this blog, the three (3) major components of a custody evaluation are discussed to help you reduce the stress you may have in undergoing the process, followed by some pointers.
Forensic examination. One major component of a custody evaluation is a forensic interview. During this ... Read More
29
Aug2019
Individuals who find themselves in the middle of a paternity or divorce proceeding understand the emotional struggle that comes along with it. Whether it’s a paternity proceeding to establish custody, or a modification of a prior divorce decree, these types of proceedings never tend to get easier for people. For this reason, and some others, people treat these types of proceedings as a way to “air out dirty laundry” of the other. There are certainly numerous pieces of evidence that are ... Read More
27
Aug2019
You do not have to be a lawyer to recognize that today’s children are being raised in large numbers by third-parties, ranging from grandparents to relatives to friends and total strangers. Knowing how important stability is to a child’s sense of well-being, many third-parties mistakenly believe that they can just file in court and obtain “custody” since they are raising someone else’s children. However, the United States Supreme Court has determined that natural (and ... Read More
22
Aug2019
The trial court’s final order, such as in a divorce case, dividing the property and making a custody award can be enforced immediately. And it usually is. That said, a litigant who does not want an order enforced pending an appeal has two ways to stop its enforcement pending an appeal. In this blog, we cover stays that stop a trial court’s final order from being enforced.
As a first step, which ... Read More
19
Aug2019
Indiana trial court judges are tasked with the duty to make sure that at the time of divorce (or paternity) adjudication the children’s best interests are met. If the parents have an agreement on custody and it is not contested, they may infer that agreement of the parties is in the children’s best interests. However, where physical and/or legal custody is contested, there are four key ways a trial court judge determines what is in a ... Read More
27
Jul2019
Indiana's Safe Haven Law promises anonymity, but are there exceptions? Ciyou & Dixon, P.C. Family Law Attorney, Julie C. Dixon speaks with RTV6 Indianapolis about this complicated issue.
17
Jul2019
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
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